The Terms of Reference

1.10 The Terms of Reference set out and limit the scope of the ALRC’s Inquiry. The ALRC is asked to make recommendations on the detailed legal design of a statutory civil cause of action for serious invasions of privacy. The ALRC is also asked to make recommendations about other legal remedies and innovative ways in which the law could prevent or redress serious invasions of privacy. This latter task has required the ALRC to consider how a range of existing common law causes of action and remedies and statutory provisions might be strengthened or amended, as well as considering proposals for new ways in which the law could prevent or redress invasions of privacy.

1.11 The Terms of Reference also require the ALRC to make recommendations which recognise the necessity to balance the value of privacy with other fundamental values—including freedom of expression and open justice. The Discussion Paper addresses this issue at several stages, both in relation to the elements of a statutory cause of action and in relation to existing legal remedies[3] and elsewhere.