---
title: "Elements of a serious invasion of privacy"
url: "https://ailawframework.com/precedents/defamation-and-media-law/serious-invasion-of-privacy-elements"
type: "precedent"
site: "AI Law Framework"
id: "a33-serious-invasion-of-privacy-elements"
area_id: "A33"
kind: "checklist"
ai_level: "red"
version: 1
task_ids: ["A33-F20261018-6"]
law_stated_as_at: "2026-10-22"
---

# 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.

Canonical page: https://ailawframework.com/precedents/defamation-and-media-law/serious-invasion-of-privacy-elements  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Defamation & Media Law](https://ailawframework.com/precedents/defamation-and-media-law.md)
- Jurisdictions: Commonwealth
- AI level: 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: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the authority it cites, for Commonwealth.

## 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

- [Assess a claim under the statutory tort for serious invasions of privacy](https://ailawframework.com/practice/defamation-and-media-law/assess-a-claim-under-the-statutory-tort-for-serious-invasions-of-privacy.md)

## 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

## Authorities

- [Privacy Act 1988 (Cth) Schedule 2](https://classic.austlii.edu.au/au/legis/cth/consol_act/pa1988108/sch2.html)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/defamation-and-media-law/serious-invasion-of-privacy-elements and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*