Document ID: chunk:federal_register_of_legislation:C2024A00128:clause:2_8
Version: federal_register_of_legislation:C2024A00128
Segment Type: clause
Provision Reference: sch 2 cl 8
Character Range: 92923–94310

8  Defences
 (1) It is a defence to the cause of action if:
 (a) the invasion of privacy was required or authorised by or under an Australian law or court/tribunal order; or
 (b) the plaintiff, or a person having lawful authority to do so for the plaintiff, expressly or impliedly consented to the invasion of privacy; or
 (c) the defendant reasonably believed that the invasion of privacy was necessary to prevent or lessen a serious threat to the life, health or safety of a person; or
 (d) the invasion of privacy was:
 (i) incidental to the exercise of a lawful right of defence of persons or property; and
 (ii) proportionate, necessary and reasonable.
 (2) It is also a defence to the cause of action if:
 (a) the defendant invaded the plaintiff's privacy by publishing, within the meaning of an Australian law that deals with defamation, information that relates to the plaintiff; and
 (b) the Australian law provides for a related defence; and
 (c) the defendant would be able to establish the related defence if a reference in the Australian law to the publication of defamatory matter were to include a reference to the invasion of privacy.
 (3) Each of the following is a related defence for the purposes of this clause:
 (a) a defence of absolute privilege;
 (b) a defence for publication of public documents;
 (c) a defence of fair report of proceedings of public concern.