Privacy Act 1988

SCHEDULE 2 - STATUTORY TORT FOR SERIOUS INVASIONS OF PRIVACY  

Note: See section 94A .

PART 3 - EXEMPTIONS  

15   Journalists etc.  

15(1)    
This Schedule does not apply to an invasion of privacy by any of the following to the extent that the invasion of privacy involves the collection, preparation for publication or publication of journalistic material:

(a)    a journalist;

(b)    an employer of, or a person engaging, a journalist;

(c)    a person assisting a journalist who is employed or engaged by:

(i) the journalist ' s employer; or

(ii) a person engaging the journalist;

(d)    a person assisting a journalist in the person ' s professional capacity.

15(1A)    
This Schedule does not apply to an invasion of privacy to the extent that the invasion of privacy involves the publication or distribution of journalistic material that was prepared for publication by a journalist.

15(2)    
A journalist is a person who:

(a)    works in a professional capacity as a journalist; and

(b)    is subject to:

(i) standards of professional conduct that apply to journalists; or

(ii) a code of practice that applies to journalists.

15(3)    
Material is journalistic material if it:

(a)    has the character of news, current affairs or a documentary; or

(b)    consists of commentary or opinion on, or analysis of, news, current affairs or a documentary; or

(c)    consists of editorial content relating to news, current affairs or a documentary.

15(4)    
For the purposes of this clause, if a journalist invades an individual ' s privacy, it is immaterial whether the invasion of privacy breaches the standards or the code of practice to which the journalist is subject.