Australia’s privacy tort: what investigation clients should ask
A federal cause of action for serious invasions of privacy commenced on 10 June 2025. For investigation clients, the practical step is to discuss purpose, authority and proposed methods before work begins.
Published by PartnerCheck · Content checked · Editorial approach
- Jurisdiction
- Australia · Commonwealth
- Status
- In force
- Effective from
- 10 June 2025
Before you proceed
- Explain the purpose and authority for your enquiry.
- Ask about proposed methods and report recipients.
- Raise relevant restrictions before sending documents.
What changed and when?
The OAIC confirms that the statutory tort commenced on 10 June 2025. It provides a court pathway concerning serious privacy invasions and can extend beyond organisations covered by the Australian Privacy Principles. The OAIC does not administer the tort. This article records an existing change, not a newly announced rule.
What does the official guidance describe?
The OAIC describes intrusions into seclusion and misuse of information where a reasonable expectation of privacy exists. Other legal elements, defences and exemptions matter. The short description here is not a test for deciding whether a particular act is lawful. Seek independent legal advice about an individual situation.
What should you ask before an investigation?
Ask what question the proposed work will address, which methods are included, what information is necessary and who will receive the findings. Explain any contact restriction or relevant proceeding. Do not assume that holding a licence or finding information online settles every privacy issue. PartnerCheck assesses the purpose and scope before accepting work.
How should you prepare the initial enquiry?
Keep the public enquiry brief. State the concern, the general location and a safe way to reply. Mention that relevant documents exist rather than sending an extensive collection immediately. If the matter is suitable, necessary material can be requested through the private briefing process. Your solicitor can advise on legal concerns that affect the proposed scope.
Sources and further reading
General information only. Each enquiry is assessed individually. This guide is not legal advice.
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