Practical legal analysis of Australia's statutory tort for serious invasion of privacy. The law changed on 10 June 2025. Understand your rights, your options, and what the courts are doing with the new cause of action.
Most people facing a privacy claim were not setting out to harm anyone. They were protecting property, investigating suspected misconduct, or gathering evidence. The statutory tort that began on 10 June 2025 draws a line between that conduct and an actionable invasion, and the line is not where many defendants assume.
A demand letter, a call from a lawyer, or an urgent injunction application can arrive without warning. The steps taken in the first three days often determine whether a privacy claim is resolved early or runs all the way to trial.
Since June 2025, Australians have had a statutory cause of action for serious invasions of privacy. For employers, the exposure runs through monitoring, data handling and surveillance practices that were previously governed only by the Australian Privacy Principles. The employee records exemption does not apply to the tort.
The statutory tort for serious invasion of privacy commenced on 10 June 2025, but not every defendant is within reach. Journalists, government agencies, and children under 18 are exempt. For everyone else, a defined set of defences applies. Understanding where the exemptions end and the defences begin determines whether a claim proceeds at all.