Privacy Act 1988

SCHEDULE 2 - STATUTORY TORT FOR SERIOUS INVASIONS OF PRIVACY  

Note: See section 94A .

PART 2 - SERIOUS INVASIONS OF PRIVACY  

13  

13   The effect of an apology on liability  

For the purposes of this Schedule, an apology made by or on behalf of the defendant in connection with the invasion of privacy:

(a)    does not constitute an express or implied admission of fault or liability by the defendant in connection with the invasion of privacy; and

(b)    is not relevant to the determination of fault or liability in connection with the invasion of privacy.

Note:

The court may consider whether the defendant apologised to the plaintiff in determining the amount of damages (if any) to award to the plaintiff (see paragraph 11(6)(a) ).