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Privacy 

Reference received: 11 April 2006

Expanded terms of reference issued: 1 June 2009

Reports

​Report 120: Invasion of privacy [PDF, 673Kb], August 2009​

See Australia, Department of Prime Minister and Cabinet, A Commonwealth Statutory Cause of Action for Serious Invasion of Privacy, Issues Paper​ (2011) ​

Report 123: Privacy principles [PDF, 992Kb], August 2009

Report 127: Protecting privacy in New South Wales [PDF, 1Mb], May 2010​

Tabled in parliament: 16 February 2011

Legislative action: Privacy and Personal Information Protection Amendment (Exemptions Consolidation) 2015 (NSW)

​Consultation papers

Consultation Paper 1: Invasion of privacy [PDF, 1018Kb], May 2007

Judicial citation: Giller v Procopets [2008] VSCA 236 [451]

Consultation Paper 3: Privacy legislation in New South Wales [PDF, 765Kb], June 2008

​NSW Law Reform Commission Media Release - How far should we go to protect privacy? (6 July 2007)

NSW Law Reform Commission Media Release - Is your privacy protected (14 August 2009)​

NSW Law Reform Commission Media Release - Law Reform Commission proposes overhaul of privacy laws (29 July 2008)

Journal articles

T Wilson, "Privacy law recommended" (2007) 4 Privacy Law Bulletin 38

N Witzleb, "A statutory cause of action for privacy? A critical appraisal of three recent Australian law reform proposals" (2011) 19 Torts Law Journal 104​

Terms of reference

Pursuant to section 10 of the Law Reform Commission Act 1967 (NSW), the Law Reform Commission is to inquire into and report on whether existing legislation in New South Wales provides an effective framework for the protection of the privacy of an individual. In undertaking this review, the Commission is to consider in particular:

  • The desirability of privacy protection principles being uniform across Australia.
  • The desirability of a consistent legislative approach to privacy in the Privacy and Personal Information Protection Act 1998, the Health Records and Information Privacy Act 2002, the State Records Act 1998, the Freedom of Information Act 1989 and the Local Government Act 1993.
  • The desirability of introducing a statutory tort of privacy in New South Wales.
  • Any related matters.

The Commission should liaise with the Australian Law Reform Commission which is reviewing the Privacy Act 1988 (Cth) as well as other relevant Commonwealth, State and Territory agencies.

Pursuant to section 10 of the Law Reform Commission Act 1967 (NSW), the Law Reform Commission's inquiry into whether existing legislation in New South Wales provides an effective framework for the protection of the privacy of an individual is extended to include consideration of any proposed successor legislation to the Freedom of Information Act 1989. ​

Note: See also Reference - Access to personal information​