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.