A Statutory Response to Intrusion upon Seclusion:Does Australia provide a model for reform in England and Wales?

Schedule 2 of the Privacy and Other Legislation Amendment Act 2024 (Cth) came into force in Australia in June 2025 and made provision for a statutory tort of serious invasions of privacy. This tort includes intruding upon the plaintiff’s seclusion and misusing information that relates to the plaintiff. Australia’s statutory reforms contrast with the position taken in other common law jurisdictions such as New Zealand, Ontario and the United States. It also presents a potential option for England and Wales where, despite the English courts developing a tort of misuse of private information, there is currently no specific tort protecting against intrusion upon seclusion. Examining the development of a statutory tort in Australia, this paper will determine to what extent Australia is likely to provide a model for reform in England and Wales.