On 23 September 2011, the Minister for Privacy and Freedom of Information, the Hon. Brendan O'Connor, released an Issues Paper titled 'A Commonwealth statutory cause of action for serious invasion of privacy'.

The Issues Paper discusses the recommendations by the Australian Law Reform Commission (ALRC) in relation to the introduction of a statutory cause of action for serious invasions of privacy. According to the media release, the ALRC proposal 'would allow individuals to seek a remedy from a court where their private life has been seriously invaded in a way that ordinary Australians would consider to be highly offensive'.

The Issues Paper seeks submissions on whether Australia should introduce a statutory cause of action for privacy and, if so, what elements a statutory cause of action might include. the issues paper draws on the analysis of the Australian, Victorian and New South Wales Law Reform Commissions and considers the policy context and current legal positions in Australia and comparable jurisdictions.

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Further details are available at Mondaq.

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