Privacy Act 1988

SCHEDULE 2 - STATUTORY TORT FOR SERIOUS INVASIONS OF PRIVACY  

Note: See section 94A .

PART 2 - SERIOUS INVASIONS OF PRIVACY  

8   Defences  

8(1)    
It is a defence to the cause of action if:

(a)    the invasion of privacy was required or authorised by or under an Australian law or court / tribunal order; or

(b)    the plaintiff, or a person having lawful authority to do so for the plaintiff, expressly or impliedly consented to the invasion of privacy; or

(c)    the defendant reasonably believed that the invasion of privacy was necessary to prevent or lessen a serious threat to the life, health or safety of a person; or

(d)    the invasion of privacy was:

(i) incidental to the exercise of a lawful right of defence of persons or property; and

(ii) proportionate, necessary and reasonable.

8(2)    
It is also a defence to the cause of action if:

(a)    the defendant invaded the plaintiff ' s privacy by publishing, within the meaning of an Australian law that deals with defamation, information that relates to the plaintiff; and

(b)    the Australian law provides for a related defence; and

(c)    the defendant would be able to establish the related defence if a reference in the Australian law to the publication of defamatory matter were to include a reference to the invasion of privacy.

8(3)    
Each of the following is a related defence for the purposes of this clause:

(a)    a defence of absolute privilege;

(b)    a defence for publication of public documents;

(c)    a defence of fair report of proceedings of public concern.