---
title: "Serious invasion of privacy (statutory tort, Privacy Act Sch 2): claim assessment checklist"
url: "https://ailawframework.com/precedents/privacy-data-protection-and-cyber/statutory-privacy-tort-assessment"
type: "precedent"
site: "AI Law Framework"
id: "a25-statutory-privacy-tort-assessment"
area_id: "A25"
kind: "checklist"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# Serious invasion of privacy (statutory tort, Privacy Act Sch 2): claim assessment checklist

> Checklist for assessing a claim, or a threatened claim, under the statutory tort for serious invasions of privacy: limitation, exemptions, each element, defences, remedies and the damages cap, forum, evidence and…

Canonical page: https://ailawframework.com/precedents/privacy-data-protection-and-cyber/statutory-privacy-tort-assessment  
Law stated as at: 2026-10-17

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

Checklist for assessing a claim, or a threatened claim, under the statutory tort for serious invasions of privacy: limitation, exemptions, each element, defences, remedies and the damages cap, forum, evidence and AI-specific scenarios such as deepfakes.

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Privacy, Data Protection & Cyber](https://ailawframework.com/precedents/privacy-data-protection-and-cyber.md)
- Jurisdictions: Australia
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 8 authorities it cites, for Australia.

## When to use it

Use at first instruction for a plaintiff or a defendant, and again before advising on prospects. Schedule 2 commenced on 10 June 2025 and has no express transitional provision, so treat it as applying to invasions from that date. For earlier conduct, or as alternatives, consider breach of confidence, defamation, an APP complaint and surveillance laws.

## How AI may be used

AI may help build a chronology and an elements table that sets each fact against the statutory elements, factors and defences with document references. The lawyer assesses seriousness, the public-interest balance and prospects.

**AI may:**

- Build a chronology and an elements table in which each row cites the source document.
- Calculate candidate limitation dates under clause 14 for the lawyer to check.
- List possible defences and exemptions that the documents raise.

**AI must not:**

- Must not decide whether the invasion was "serious" or how the public-interest balance falls.
- Must not process intimate images, health information or other sensitive material in a tool not approved for that data.
- Must not generate, enhance or reproduce intimate or deepfake images, even to test the evidence.

**The lawyer checks:**

- Limitation dates are worked out from evidence of when the plaintiff became aware and when the invasion occurred.
- No Part 3 exemption applies to the defendant, or the risk is identified.
- The current damages cap is checked before advising on quantum.

## Authorities

- [Privacy Act 1988 (Cth) Sch 2 cl 7 (cause of action)](https://www.legislation.gov.au/C2004A03712/latest/text)
- [Privacy Act 1988 (Cth) Sch 2 cl 8 and 8A (defences; early determination of exemptions)](https://www.legislation.gov.au/C2004A03712/latest/text)
- [Privacy Act 1988 (Cth) Sch 2 cll 9 to 13 (injunctions, summary judgment, damages and cap, other remedies, apologies)](https://www.legislation.gov.au/C2004A03712/latest/text)
- [Privacy Act 1988 (Cth) Sch 2 cl 14 (when proceedings must be commenced)](https://www.legislation.gov.au/C2004A03712/latest/text)
- [Privacy Act 1988 (Cth) Sch 2 cll 15 to 18 (exemptions)](https://www.legislation.gov.au/C2004A03712/latest/text)
- [Privacy Act 1988 (Cth) Sch 2 cll 19 to 23 (single publication rule, deceased persons, saving of other laws, Commissioner intervention, jurisdiction)](https://www.legislation.gov.au/C2004A03712/latest/text)
- [Privacy and Other Legislation Amendment Act 2024 (Cth) s 2 (Schedule 2 commenced 10 June 2025)](https://www.legislation.gov.au/C2024A00128/asmade/text)
- [Criminal Code (Cth) s 474.17C (doxxing offence, inserted by Privacy and Other Legislation Amendment Act 2024 Sch 3)](https://www.legislation.gov.au/C2024A00128/asmade/text)

## Official form

[Official form](https://www.legislation.gov.au/C2004A03712/latest/text)

## 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/privacy-data-protection-and-cyber/statutory-privacy-tort-assessment 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.*