Protect your not-for-profit against defamation
June 8, 2011
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Although defamation laws across Australia consistently stipulate that corporations should not have recourse to defamation law for injury to reputation, (unless it is a corporation with fewer than 10 persons and not related to another corporation) there is an exception available to not-for-profit organisations which are considered companies limited by guarantee.
Section 9(1) of the Defamation Act 2005 (NSW) states that A corporation is considered an ‘excluded corporation’ if, among other things, the objects for which it is formed do not include obtaining financial gain for its members or corporations (Section 9 (2)).
