Privacy and media law: Australia
As of 2026-10-05.
Medical confidentiality
Doctors must keep patient information confidential under the Medical Board of Australia's code of conduct; serious or repeated breaches can affect their registration [1]. Courts also enforce confidences through breach of confidence claims [2]. NSW private health providers must also follow the Health Records and Information Privacy Act 2002 (NSW) [3][4]. Queensland's privacy statute covers only the public sector, so private Queensland clinics answer mainly to federal law [4].
Health data
Every private health service provider, however small, is bound by the Privacy Act 1988 (Cth) and its Australian Privacy Principles [5]. Health information is "sensitive information", with stricter rules [6]. Since 10 June 2025, people can sue for a serious invasion of privacy, such as intrusion into their private space or misuse of their information; courts can order damages, an injunction or an apology [7]. Professional journalists working on news, current affairs or documentaries are exempt [8].
Photographs
There is no general right not to be photographed in a public place [2]. NSW makes it an offence to film an activity by entering private premises without the occupier's consent [9]. Queensland criminalises observing or filming someone in a private place without consent [10].
Press and remedies
Defamation claims in NSW and Queensland now require serious harm to reputation [11]. Australian Press Council members must avoid intruding on reasonable expectations of privacy unless sufficiently in the public interest [12]; public figures keep privacy unrelated to their public role [13].
What this means in practice
Most remedies act after a photograph or story appears, and the journalism exemption keeps the new tort away from mainstream media. A clinic's own setup, such as one client per residence and private arrival, matters as much as the law. Nothing guarantees privacy.
Sources
- Good medical practice: a code of conduct for doctors in Australia (code page, sections 1.2 and 4.4). Medical Board of Australia (Ahpra). https://www.medicalboard.gov.au/codes-guidelines-policies/code-of-conduct.aspx Accessed 2026-10-05.
- Serious Invasions of Privacy in the Digital Era (ALRC Report 123), chapter 3, "Existing common law causes of action". Australian Law Reform Commission. https://www.alrc.gov.au/publication/serious-invasions-of-privacy-in-the-digital-era-alrc-report-123/3-overview-of-current-law-2/existing-common-law-causes-of-action-2/ Accessed 2026-10-05.
- Health Records and Information Privacy Act 2002 No 71 (NSW). NSW Legislation. https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2002-071 Accessed 2026-10-05.
- State and territory privacy legislation. Office of the Australian Information Commissioner (OAIC). https://www.oaic.gov.au/privacy/privacy-legislation/state-and-territory-privacy-legislation Accessed 2026-10-05.
- What is a health service provider? OAIC. https://www.oaic.gov.au/privacy/your-privacy-rights/health-information/what-is-a-health-service-provider Accessed 2026-10-05.
- Guide to health privacy: Introduction and key concepts. OAIC. https://www.oaic.gov.au/privacy/privacy-guidance-for-organisations-and-government-agencies/health-service-providers/guide-to-health-privacy/introduction-and-key-concepts Accessed 2026-10-05.
- Statutory tort for serious invasions of privacy. OAIC. https://www.oaic.gov.au/privacy/your-privacy-rights/more-privacy-rights/statutory-tort-for-serious-invasions-of-privacy Accessed 2026-10-05.
- Privacy gets teeth: Australia's new statutory tort and how it might look in practice (June 2025). Norton Rose Fulbright (secondary, law firm). https://www.nortonrosefulbright.com/en/knowledge/publications/87ee5e95/privacy-gets-teeth-australias-new-statutory-tort-and-how-it-might-look-in-practice Accessed 2026-10-05. Primary text: Privacy Act 1988 (Cth), Schedule 2, clause 15, https://www.legislation.gov.au/C2004A03712/latest/text (compilation C2026C00227).
- Public interest exceptions to the offences in sections 11, 12 and 14 of the Surveillance Devices Act 2007 (NSW), consultation paper, April 2024, section 2.1. NSW Department of Communities and Justice. https://www.nsw.gov.au/sites/default/files/2024-04/consultation-paper-public-interest-exceptions-to-offences-in-sections-11-12-and-14-of-the-surveillance-devices-act-2007.pdf Accessed 2026-10-05.
- Criminal Code Act 1899 (Qld), section 227A, "Observations or recordings in breach of privacy". Queensland Legislation. https://www.legislation.qld.gov.au/view/html/inforce/current/act-1899-009 Accessed 2026-10-05.
- 2021 changes to Queensland defamation law. Crown Law (Queensland Government). https://www.crownlaw.qld.gov.au/resources/publications/2021-changes-to-queensland-defamation-law Accessed 2026-10-05.
- Statement of Principles (General Principles 5 and 6). Australian Press Council. https://presscouncil.org.au/standards/statement-of-principles Accessed 2026-10-05.
- Statement of Privacy Principles (Privacy Principles 1 and 7). Australian Press Council. https://presscouncil.org.au/wp-content/uploads/2021/11/Statement_of_Privacy_Principles_Dec_2015.pdf Accessed 2026-10-05.