Protecting Privacy | Commonwealth Tort Under the Privacy Act 1988
Posted 28 October 2026
Category: Strata
Historically, protecting your privacy in Australia could be quite difficult. In a strata context, you might be able to make and enforce a by-law restricting some abuses , e.g. misuse of CCTV. Otherwise, you might be able to convince police to take action, e.g. in the case of misuse of a surveillance device. Alternatively, you might be able to re-purpose another type of action, e.g. copyright if private documents are released or defamation if the privacy breach involves defamatory statements.
What are the changes to the Privacy Act 1988?
Changes to the Privacy Act 1988 which commenced last year may make things much easier, where there has been a serious privacy breach. Specifically, Section 94A and Schedule 2 of the act create a new Commonwealth privacy tort, i.e. a cause of action against someone who has committed a serious privacy breach in specified circumstances. This has the following areas of impact:
Further:
That said, this is subject to some significant limitations. In particular:
We have considerable experience with these issues and would be pleased to provide you with whatever assistance you may require.
Alternatively, if you are having issues with other owners/occupiers within your scheme, you may find the following articles useful:
Key takeaways
- The Privacy Act 1988 now includes a Commonwealth privacy tort for serious privacy breaches.
- This new tort allows individuals to take legal action without needing to prove actual damage.
- Owners corporations must review their policies to avoid potential liabilities related to privacy breaches.
- The tort covers both anti-intrusion and anti-publication impacts relevant to strata living.
- Significant limitations and defences exist, including time limits and specific requirements for proving a breach.
