Australia: Privacy and Other Legislation Amendment Act 2024 including tort for serious invasions of privacy enters into force

On 10 June 2025, the Tort of Serious Invasions of Privacy within the Privacy and Other Legislation Amendment Act of 2024 enters into force. The statutory tort provides a legal mechanism for addressing serious privacy breaches involving intrusion into personal space or misuse of personal information. To pursue legal action, several conditions must be met, including that the person must have reasonably expected privacy in the situation, the invasion must have been deliberate or reckless, the breach must be considered serious, and the individual's privacy interest must outweigh any competing public interests. The Act allows claims without requiring proof of actual harm. Privacy invasions covered include physical intrusions, unauthorised surveillance, recording of private activities, and improper handling of personal information. The statute includes guidance on relevant public interests, circumstances supporting reasonable privacy expectations, and criteria for courts to evaluate the seriousness of invasions.