Privacy Act 1988

SCHEDULE 2 - STATUTORY TORT FOR SERIOUS INVASIONS OF PRIVACY  

Note: See section 94A .

PART 2 - SERIOUS INVASIONS OF PRIVACY  

11   Damages  

11(1)    
Subject to this clause, the court may award damages to the plaintiff.

11(2)    
The court must not award aggravated damages.

11(3)    
The court may award damages for emotional distress.

11(4)    
The court may award exemplary or punitive damages in exceptional circumstances.

11(5)    
The sum of:

(a)    any damages awarded for non-economic loss; and

(b)    any exemplary or punitive damages;

must not exceed the greater of:

(c)    $ 478,550; and

(d)    the maximum amount of damages for non-economic loss that may be awarded in defamation proceedings under an Australian law.

11(6)    
Without limiting the matters that the court may consider in determining the amount of damages, the court may consider the following:

(a)    whether the defendant apologised to the plaintiff;

(b)    if the defendant invaded the plaintiff ' s privacy by publishing information that relates to the plaintiff - whether the defendant published a correction;

(c)    whether the plaintiff received or agreed to receive compensation in relation to the invasion of privacy;

(d)    whether the plaintiff or the defendant took reasonable steps to settle the dispute;

(e)    whether the defendant engaged in conduct after the invasion of privacy, including during the proceedings, that was unreasonable and subjected the plaintiff to particular or additional embarrassment, harm, distress or humiliation.