Qualified privilege is a legal defence protecting statements made during workplace investigations and references.
Legislation: Common Law; Defamation Law | Category: Legal Concepts
What is Qualified Privilege?
Qualified privilege is a legal defence to defamation claims that can protect statements made during workplace investigations, references, and other employment-related communications. It applies where the person making the statement has a duty or interest to make it, and the recipient has a corresponding interest to receive it.
In the employment context, qualified privilege typically protects statements made during disciplinary processes, workplace investigations, performance reviews, and providing references — provided the statements are made in good faith and without malice. The protection is “qualified” because it can be lost if the dominant purpose was malice or improper motive.
Key Compliance Points for Employers
- Keep investigation findings and performance discussions confidential to relevant parties only
- Statements should be honest and made in good faith for a proper purpose
- The protection can be lost if statements are published more widely than necessary
- References should stick to verifiable facts — opinions create risk
- Ensure allegations and findings are based on proper investigation processes
Frequently Asked Questions
What is Qualified Privilege?
Qualified privilege is a legal defence protecting statements made during workplace investigations and references.
Why is Qualified Privilege important for employers?
Understanding qualified privilege helps employers comply with Australian employment law, avoid penalties, and maintain fair workplace practices.
