Tort for serious invasions of privacy is now in effect

A new statutory tort for serious invasions of privacy came into effect on Tuesday 10 June, 2025. This new tort was introduced under the Privacy and Other Legislation Amendment Act 2024 (Cth) and provides an avenue for individuals to seek damages against persons or companies that commit a serious invasion of privacy — either through intrusion into their personal space or misuse of their information.

The elements for a claim of serious invasion of privacy are:

• there has been an invasion of a complaint’s privacy;
• there is a reasonable expectation of privacy in all circumstances;
• the invasion of privacy was intentional or reckless, rather than merely negligent;
• the invasion of privacy was serious; and
• the public interest in protecting the complainant’s privacy outweighs any public interest issues raised by the defendant (such as freedom of expression or freedom of the media).

Complainants can seek damages of up to $478,550, which may include compensation for emotional distress, non-economic loss, and, in exceptional circumstances, exemplary or punitive damages. Additionally, the tort establishes a statutory defence against such claims.

For more information about the tort for serious invasions of privacy, please refer to our Privacy & Data Protection alert: Businesses beware — individuals can now claim damages for a serious invasion of privacy.

Contact us

If you are an Australian business or individual requiring advice on the tort for serious invasions of privacy, or general information about the Privacy Act 1988 (Cth), Privacy and Other Legislation Amendment Act 2024 (Cth) and the Australia Privacy Principles, please contact a member of our Privacy & Data Protection team.