From 10 June 2025, Australians can sue for serious invasions of privacy. The new statutory tort was introduced by the Privacy and Other Legislation Amendment Act 2024 (Cth), which inserted Schedule 2 into the Privacy Act 1988 (Cth).
What the tort covers
An individual may bring a claim where another person invaded their privacy by intruding upon their seclusion, or by misusing information that relates to them. That can include publishing articles, photographs or video.
What a claimant must show
- A person in their position would have had a reasonable expectation of privacy in the circumstances.
- The invasion was intentional or reckless, not merely negligent.
- The invasion was serious.
- The public interest in their privacy outweighed any countervailing public interest, such as freedom of expression or the proper administration of justice.
Unlike defamation, a claimant does not need to prove damage. The question is the invasion itself, not whether what was revealed was false.
Exemptions and defences
There are important exemptions, including for journalists and those working with them in collecting, preparing or publishing journalistic material, as well as for certain enforcement bodies and intelligence agencies. Defences include lawful authority, consent and necessity.
Remedies and time limits
Courts may award damages, including for emotional distress, and grant injunctions, apologies, corrections and orders for the destruction of material. Damages for non-economic loss are capped at the same level as defamation. Claims must generally be brought within one year of the claimant becoming aware of the invasion, and no later than three years after it occurred.
Why it matters
For high profile individuals, the new tort fills a gap where true but private information is published. For publishers outside the journalism exemption, including individuals posting online, it is a new area of risk.
This article is general information only and is not legal advice. The law may have changed since publication. Contact us for advice on your circumstances.