Privacy in Australian law

Privacy in Australian law is affected and protected in limited ways by common law in Australia and a range of federal, state and territorial laws, as well as administrative arrangements. There is no absolute right to privacy in Australian law and there is no clearly recognised tort of invasion of privacy or similar remedy available to people who feel their privacy has been violated.

Australian courts have historically been reluctant to recognise a standalone cause of action for invasion of privacy, most notably in Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd, where the High Court declined to confirm the existence of such a tort, while leaving open the possibility that it might develop in the future. As a result, individuals seeking redress for privacy intrusions must generally rely on indirect causes of action, such as breach of confidence, defamation, trespass, nuisance, or intentional infliction of harm, none of which are designed primarily to protect privacy interests.

In 2025, Australian privacy law underwent a significant reform with the introduction of a statutory cause of action for serious invasions of privacy added under the Privacy Act 1988(cth). For the first time, individuals in Australia gained a direct legal right to sue another person or organisation for serious invasions of their privacy, without needing to rely solely on indirect causes of action such as breach of confidence or equitable remedies.