Australia Introduces Statutory Tort for Serious Invasions of Privacy

Dec 1, 2024 | Publication

The Australian legal landscape is about to undergo a significant transformation with the introduction of a statutory tort for serious invasions of privacy. This change comes with the passage of the Privacy and Other Legislation Amendment Bill 2024 by the Commonwealth Parliament, set to come into effect six months after receiving Assent.

What Does the New Tort Mean?

For the first time, Australian individuals will have a clear legal avenue to pursue claims for serious invasions of privacy. If the necessary elements of the cause of action are met, courts will be empowered to award damages and other appropriate remedies to plaintiffs.

Key Features and Exemptions

The new provisions contain several important safeguards to balance individual rights with broader public interests:

Exemptions for State Authorities and Law Enforcement Bodies:

Privacy breaches committed in good faith by state authorities or their staff, as part of their official duties, will not give rise to liability. Similarly, law enforcement agencies will benefit from exemptions.

Public Interest Test:

Courts must consider whether the public interest in the plaintiff’s privacy outweighs any competing public interest, such as effective government administration.

Defence for Legal Compliance:

A statutory defence is available for actions required or authorised by law.

A Turning Point for Australian Law

The introduction of a statutory privacy tort marks a groundbreaking shift in Australian law, aligning with international trends toward greater privacy protections. However, it also raises questions about its practical implications, particularly for public administration and law enforcement.

If you have concerns about how these developments might affect you or your organisation, our team of experienced legal professionals is here to help. Contact us today for expert guidance.

The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources. If you do not wish to receive newsletters from us, please let us know.

Latest Insights

The Rise of Generative AI in Law and the Need for Caution

Generative artificial intelligence (Gen AI), a subset of artificial intelligence focused on creating new content, has gained significant traction in various industries, including law. Capable of producing text, images, and audio, platforms like ChatGPT are among the...

Building Disputes – Which Court or Tribunal Deals with Them?

In New South Wales, there are different forums to have building disputes and claims addressed. The NSW Civil and Administrative Tribunal handles building disputes particularly residential building work claims.  There are numerous claims prosecuted and defended in...

When should a business take legal action on an overdue account?

Generally speaking, an overdue account should be acted on promptly.  The longer it is left, the greater the likelihood the account will need to be written off. Unless the debtor has a satisfactory reason for delaying payment, the account should be followed...

Court Rules Against Kmart in Personal Injury Appeal

In a recent case, Kmart has been held liable for injuries sustained by a customer in its Woy Woy store, after a mountain bike in a heavy, oversized box fell from another customer's shopping trolley, injuring Ms Rita Marmara. The New South Wales Court of Appeal upheld...

Can a Shareholder claim against a Company?

A shareholder can claim against a company under some circumstances. Shareholders have specific rights and interests in a company, and there are scenarios where they might have grounds to make a claim. Some common situations include: Breach of Shareholder Agreement: If...

Court of Appeal Clarifies GP’s Duty of Care in Varipatis v Almario

In a landmark decision, the New South Wales Court of Appeal upheld the appeal of a general practitioner (GP) who was previously found negligent for not referring a morbidly obese patient for bariatric surgery. The case, Varipatis v Almario [2013] NSWCA 76, provides...

What is the process involved in making a Will?

A Will is an essential document that applies once you have passed away.  It sets out your wishes in relation to all sorts of things including who is to control your affairs, who is to receive your net assets, who is to look after any children under 18 years, how...