Document ID: chunk:federal_register_of_legislation:C2024A00128:clause:1_51
Version: federal_register_of_legislation:C2024A00128
Segment Type: clause
Provision Reference: sch 1 cl 51
Character Range: 41391–42447

51  After subsection 13G(1A)
Insert:

Factors that may be taken into account in determining if interference with privacy is serious
 (1B) In determining whether an interference with privacy is serious, a court may have regard to any of the following matters:
 (a) the particular kind or kinds of information involved in the interference with privacy;
 (b) the sensitivity of the personal information of the individual;
 (c) the consequences, or potential consequences, of the interference with privacy for the individual;
 (d) the number of individuals affected by the interference with privacy;
 (e) whether the individual affected by the interference with privacy is a child or person experiencing vulnerability;
 (f) whether the act was done, or the practice engaged in, repeatedly or continuously;
 (g) whether the contravening entity failed to take steps to implement practices, procedures and systems to comply with their obligations in relation to privacy in a way that contributed to the interference with privacy;
 (h) any other relevant matter.