I return herewith the copy of Frank Hardy’s recent book ‘Power without Glory’ which you forwarded to me in connexion with your oral request for advice on your legal liability as Librarian if you were to circulate copies of the book among borrowers from the Library.

(2)  At my request the Crown Solicitor has closely examined the legal questions involved, and I enclose for information a copy of a memorandum from him, with the conclusions of which I fully agree.¹

(3)  You will see from the Crown Solicitor’s advice that in his opinion much of the book is probably, if not certainly, defamatory; that a Library which circulates defamatory material with knowledge of its contents is liable to be cast in damages, at the suit of a person defamed, by reason of its having published the defamatory material; that the special public position of the Commonwealth Parliamentary Library gives it no special immunities or privileges in this regard; but that, from a practical point of view, the risks of such a suit being brought are probably not very great.

(4)  I may add that, in the Crown Solicitor’s view and my own, the likelihood is not great of even a successful plaintiff being awarded substantial damages in respect of any publication by the Parliamentary Library.

(5)  Having regard to the foregoing, the question whether or not the Library ought to circulate the book in the ordinary way, and accept any risk there may be of being cast in damages, is not one on which I am competent to offer any useful opinion.

[Vol. 39, p. 285]

¹ Opinion not found.