Assess a claim under the statutory tort for serious invasions of privacy
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the client’s account and documents, set out the conduct (intrusion upon seclusion or misuse of information), the facts relevant to a reasonable expectation of privacy, seriousness, fault and the public interest balance, any defence or exemption that may apply, and the dates relevant to the limitation period, each tied to the document it comes from.
- What the lawyer must review
- The lawyer decides whether the elements are made out, whether an exemption applies (for example to journalists), how the claim relates to any defamation claim, and calculates the limitation dates, then advises the client.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm the conduct occurred on or after the commencement date.
- Check each exemption, including the journalism exemption, against the Act, not a summary.
- Calculate limitation dates by hand from the Act.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Elements of a serious invasion of privacy | Checklist | AI use Red | A worksheet of the cause of action, defences, exemptions and time rules in Schedule 2 to the Privacy Act 1988 (Cth), for a claim the principal has not yet assessed. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.