We wrote in October this year about a new development in New South Wales Parliament being the introduction of a private members bill entitled "Civil Remedies for Serious Invasions of Privacy" (the Bill). This week, the Bill lapsed in accordance with New South Wales parliamentary standing orders, which cause a Bill to be taken off the table when it does not progress and maintain its relevance in parliament or when a new Bill is being drafted.
We are unaware of any new Bill being drafted. Accordingly, in order for the very important issues contained in this Bill to be advanced it would need to be reintroduced into parliament in the future.
Given that the Bill implemented a number of proposals and recommendations which were made by the New South Wales Standing Committee on Law and Justice in its report in March 2016 to protect individuals from serious invasions of privacy such as revenge porn, this can only be considered a disappointment.
The aim of the Bill, to give individuals a statutory remedy for serious invasions of privacy, covered ground breaking territory and it will be interesting to see whether the Bill is reintroduced in some modified form. According to the New South Wales parliamentary website, since its introduction on 13 October 2016 there has been no further discussion of it.
When the Bill was subject to review by the Legislation Review Committee they made several comments, including that it trespassed on personal rights and liberties by creating a cause of action that was extinguished on death whereas generally other causes of action survived death, and that it inappropriately delegated legislative powers by ensuring that certain terms were prescribed by regulation rather than contained in the principal legislation.
One would hope that if these defects could be remedied, a new Bill covering this important subject matter for individuals in society where such breaches are increasing rather than lessening could be reintroduced.
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