QLD: How does a committee deal with a member who makes defamatory comments at a meeting?

Question: Can a communications by-law be used to address defamatory comments made by a committee member during a committee meeting?

Does a communications by-law apply to a committee member during the course of a committee meeting, specifically where defamatory comments are made about an owner?

Answer: A communications by-law that covers defamatory or unreasonable communication generally applies to all owners and occupiers.

In Queensland, a communications by-law in a body corporate scheme applies generally to how owners and occupiers communicate with the body corporate, committee members, and others in the scheme, for example, setting reasonable standards for tone, frequency, and mode of communication. These by-laws are part of the body corporate’s Community Management Statement or CMS and, once registered, are enforceable under the Body Corporate and Community Management Act 1997 just like other by-laws.

A communications by-law doesn’t typically distinguish where the communication happens, such as outside meetings or at a committee meeting. It’s a general rule about communication. If the scheme’s registered by-laws include a communications by-law that covers abusive, defamatory or unreasonable communication, that by-law technically applies to all owners and occupiers, including committee members. In other words, a committee member could be in breach of the scheme’s by-laws if they communicate in a way that contravenes that by-law even during a committee meeting, unless the by-law itself says otherwise.

Queensland law gives committee members a general protection from civil liability for acts done in good faith and without negligence in performing their role. But that protection explicitly does not apply to defamatory publication, meaning defamatory comments aren’t protected simply because they are made “in the course of duties.” Outside of the by-laws, there may be rights under defamation laws. That was explored in the following recent webinar: Defamation in a body corporate: What you can (and can’t) say.

If you’re dealing with a real dispute, it’s often wise to get specific legal advice because the wording of the particular by-law and the facts can matter a lot.

This post appears in the June 2026 edition of The QLD Strata Magazine.

Brendan Pitman
Grace Lawyers
E: brendan.pitman@gracelawyers.com.au
P: 07 5554 8560