Privacy Act 1988

SCHEDULE 2 - STATUTORY TORT FOR SERIOUS INVASIONS OF PRIVACY  

Note: See section 94A .

PART 4 - MISCELLANEOUS  

19   Single publication rule  

19(1)    
This clause applies if:

(a)    a publisher publishes information that relates to an individual to the public (the first publication ); and

(b)    the publisher or an associate of the publisher subsequently publishes (whether or not to the public) information that is substantially the same (the subsequent publication ); and

(c)    the manner of the subsequent publication is not materially different from the manner of the first publication.

19(2)    
If an invasion of the individual ' s privacy consists of the first publication or the subsequent publication, the invasion of privacy is taken to occur on the day of the first publication for the purposes of this Schedule.

19(3)    
In determining whether the manner of the subsequent publication is materially different from the manner of the first publication, the court may have regard to:

(a)    the level of prominence that the information is given; and

(b)    the extent of the subsequent publication.

19(4)    
In this clause:

associate
, of a publisher, means:

(a) an employee of the publisher; or

(b) a person who publishes information as a contractor of the publisher; or

(c) an associated entity of the publisher; or

(d) an employee of an associated entity of the publisher; or

(e) a person who publishes information as a contractor of an associated entity of the publisher.

associated entity
has the same meaning as in the Corporations Act 2001 .