Privacy Act 1988

SCHEDULE 2 - STATUTORY TORT FOR SERIOUS INVASIONS OF PRIVACY  

Note: See section 94A .

PART 2 - SERIOUS INVASIONS OF PRIVACY  

14   When proceedings must be commenced  

14(1)    
The plaintiff must commence proceedings under this Schedule:

(a)    if the plaintiff was under 18 years of age when the invasion of privacy occurred - before the plaintiff ' s 21st birthday; or

(b)    otherwise - before the earlier of:

(i) the day that is 1 year after the day on which the plaintiff became aware of the invasion of privacy; and

(ii) the day that is 3 years after the invasion of privacy occurred.

Note:

See also clause 19 (single publication rule).

14(2)    
However, the plaintiff may apply to the court for an order that, despite subclause (1) , the plaintiff may commence proceedings under this Schedule before a day specified in the order.

14(3)    
The court may make the order if the court is satisfied that it was not reasonable in the circumstances for the plaintiff to have commenced proceedings in accordance with subclause (1) in relation to the invasion of privacy.

14(4)    
The day specified in the order must not be later than 6 years after the day on which the invasion of privacy occurred.