Checklist · Defamation & Media Law
Elements of a serious invasion of privacy
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.
- Kind
- Checklist. Steps or checks to work through and tick off.
- Where it applies
- Commonwealth
- AI use
- Red You write the text. The tool writes nothing into the document. Where permitted, it may check, clarify or collect data, and anything it checks or collects is verified.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the authority it cites, for Commonwealth.
- Version
- 1
- Source
- Written for this library
When to use it
Use when assessing a claim under the statutory tort for a serious invasion of privacy. The worksheet sets the facts beside the elements. It does not decide that the cause of action is made out.
Used for these tasks
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
AI may place a fact the principal supplies beside an element, defence or exemption in Schedule 2, and must not decide that any element is met or that a defence or exemption applies.
AI may
- List the elements in clause 7 and the defences in clause 8
- Enter a date or a description the principal has marked, next to the element the principal names
AI must not
- Must not decide that there was a reasonable expectation of privacy, that the invasion was serious, or that the public interest is outweighed
- Must not decide that a defence or a Part 3 exemption applies
- Must not calculate a concluded last day for starting proceedings
- Must not state a commencement date for the Schedule
The lawyer checks
- The principal decides each element in clause 7
- Part 3 exemptions are read against the defendant before a view is formed
- The damages cap printed in clause 11 is checked against the current text and against the defamation maximum
- Clause 19 is applied by the principal where there is a later publication
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
The full text is available after you log in. It is free. When you log in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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- Deed of settlement and release for a defamation dispute, with agreed correction, apology and removal terms
- Offer to make amends in response to a concerns notice
- Serious harm evidence table (Defamation Act s 10A)
- Preservation letter to a publisher
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- Publication capture worksheet
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- Takedown demand for AI-generated deepfake or synthetic content (to poster or platform)
- Complaint notice to a digital intermediary (s 31A accessible complaints mechanism) with UK and US variants
- Newsroom and publisher generative AI and synthetic media policy
All precedents for Defamation & Media Law · Tasks and AI use in this area