QLD Concerns Notice for Defamation - What to Do?

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Maree Dee

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7 February 2017
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I'm asking this on behalf of a friend (she has limited access to a computer). She's been sent a Concerns Notice via email today with a note that she'll be mailed a hardcopy in the next day or so.

To set the scene here (and trying to be as brief as possible), imagine a small school of only 125 students. It has a very small P&C committee, where incoming monies are mostly grants, very little fundraising is done as it is also a below average socio-economic area.

The Treasurer caused a lot of problems, ended up fracturing the committee, gossiped about everyone, would talk to any and all parents about his suspicions that the tuckshop convenor was stealing money, the president was covering it up, no-one followed procedures, he struggled to track/control spending, etc... Basically just badmouthed everyone involved in the committee. He is also a Book-keeper running his own business.

My friend wrote a letter of complaint to the P&C Secretary to outline his behaviour and her opinion that it was an unacceptable way for an executive member to conduct themselves. All of her points were factual and can be proven. This was emailed directly to the Secretary, who then shared the document with only the rest of the executives on the committee.

It was tabled at a meeting as incoming communication and explained that as it was a complaint, the details would not be discussed at the meeting and the sender would not be identified. It would be dealt with privately and discretely.

The Treasuer resigned from his position three days later. Now, three months later, he has sent my friend a Concerns Notice citing Defamation and that her "published" letter has caused him to be "shined and avoided" by fellow parents and could potentially damage his private business.

There is reams of evidence to support my friends statements as the committee has kept impeccable records throughout the year.

His request is that she publish a retraction/send an apology letter. Her original complaint wasn't published, but discretely sent to the secretary. So what is she to do?
 

Rod

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Truth is a defence to defamation. If your friend has good solid evidence, and good reason to believe their evidence, then she will be safe.

discretely sent to the secretary.

The fact that she sent the email 'discreetly' is not relevant.

If she is confident about her material you then have to wonder if the bookkeeper is likely to damage his own reputation by taking this any further. The fact that he made accusations about stealing by the convenor is defamation if not true. Might pay to remind him that his evidence may end being used by others against him.

Your friend is the one with all the evidence and I have no way of evaluating the worth of the evidence, so she needs to decide for herself what is best for her.
 

Maree Dee

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7 February 2017
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I think she definitely needs legal representation, yet she can't afford any at all. She's tried Legal Aid, but they've told her they won't take on a defamation case. Which leaves her with no options. Is there any other source of legal help that will take on defamation?
 

Maree Dee

Active Member
7 February 2017
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Oh, and the email was sent directly to the secretary (not discretely). I mentioned that as I don't think that fits the description of "publishing" her complaint. Isn't it relevant that she was keeping the document as private as possible, rather than putting it up publicly on a shared email address for the whole committee to see?

I'm probably not clear on the definition of "publish" and have read that it can mean as few as 1 person, but considering it was to a single person on the executive, and all correspondence is supposed to go to the secretary... Does it mean that in sending it to the secretary that it fits the description of publishing her complaint?
 

Rod

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Publishing can be sending a letter to one third party. In general limiting the audience limits the amount of damages if the other party wins. It is reasonable to assume in this case the entire board would see the letter. But even so, truth is not dependant on the number of people who see the material.
 

Maree Dee

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7 February 2017
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What would be her best course of action?

1. Ignoring the notice to see if he will escalate proceedings?
2. Writing a letter back to refute his claim of defamation?
3. Writing an apology letter stating that she apologises for any ill will, will retract the statements from the original circulation and will withhold any future statements about him?
 

Rod

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Sorry, can't really say as I don't the background and what was said.

If it was me I'd find it hard to apologise if I knew I was right.

I'd be tempted to tell him about a case where a lawyer sued for defamation for being likened to the lawyer from the movie 'the Castle'. Lost his case and the judge he did more harm to his own reputation than the defendant.

Sometimes saying nothing is good. Avoids goading him into taking the next step.
 

Maree Dee

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7 February 2017
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She is finding it very difficult to apologise because she is absolutely right (and I suspect was nominated out of a group of parents that wanted to complain!).

She's also considering either a counter-suit, or going to the police. She's come from a horrific domestic violence situation, had to move two states away from her ex and so has considerable privacy protections. He has somehow managed to find her home address when he shouldn't have been able to. She's now worried that if he was so easily able to find her address, then how easy would it be for her ex. Or that he's inappropriately gained that information from the school files. Is that grounds to go to the police with the concerns notice?
 

Rod

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She's now worried that if he was so easily able to find her address, then how easy would it be for her ex. Or that he's inappropriately gained that information from the school files.

Call the school and send a letter advising them a breach may have occurred and let them handle their end. Remind them they need to protect her information from unauthorised disclosure.

Is that grounds to go to the police with the concerns notice?

Unlikely. The bookkeeper is allowed to take legal action when they feel their rights have been affected by your friend and your friend has no proof on how he got your friend's details. He may have found other ways to get her address.
 

Maree Dee

Active Member
7 February 2017
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Another quick question... Is it possible for a lawyer, that's say a conveyancing lawyer, to initiate litigation?

I was under the impression that a lawyer had to strictly stay within their field and are only permitted to practice law in that field. Is this correct? Or doesn't it really matter?