The new Federal privacy tort and religious freedom

Posted on January 3, 2025 
Filed under Australia, Resources

Neil Foster at Law and Religion Australia alerts churches to a possible legal complication:

“In the closing Parliamentary days of 2024, the Australian Federal Parliament created a new statutory privacy tort action, which may have a significant impact on churches and other religious groups. In the context of a possible disciplinary action against someone who has behaved contrary to the principles of a religious group to which they belong, it may be necessary to inform other members of the group about the person’s behaviour. In doing so the group will be in danger of breaching a right of privacy set up by the new law. The tort action (which will probably come into operation on 11 June 2025) seems to cut across important rights of religious freedom, and the exemptions under the law do not take this into account.

In this post I aim to outline some aspects of the operation of the new law, and recommend that before it commences Parliament provide specific recognition of religious freedom as an exemption to the availability of the action. …”

– Read his full post here.

Image: Associate Professor Neil Foster speaking at a Diocese of Sydney Safe Ministry conference.