NSW Exclusion of Privacy Contravention Proceedings from the Local Court

Local Court Amendment (Jurisdiction) Bill 2025

Legislative Council

Legislative Assembly

Assent

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Introduced by: Michael Daley MP (ALP); The Hon Daniel Mookhey MLC (ALP)

Effects of this bill

If this bill passes, it means that:

The Local Court can no longer hear proceedings for invasion of privacy or other privacy contraventions.
This ban includes administrative reviews under the Privacy and Personal Information Protection Act 1998.
Regulations can exempt specific classes of privacy proceedings from this ban.
The Local Court Act 2007 prevails if it conflicts with the Civil and Administrative Tribunal Act 2013.
The Local Court can finish hearing privacy cases that had already started before this law began.
The District Court takes over privacy cases that had not yet started being heard.

The Debate

What different members said when this bill was debated:

Alister Henskens LIB

“I speak in debate on the Local Court Amendment (Jurisdiction) Bill 2025. I listened very carefully to what the Attorney General had to say and I had no disagreement with it.”

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Edmond Atalla ALP

“I support the Local Court Amendment (Jurisdiction) Bill 2025. This bill is an important and timely measure that ensures New South Wales courts are appropriately equipped to deal with an evolving and complex area of law: privacy.”

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David Saliba ALP

“I support the Local Court Amendment (Jurisdiction) Bill 2025. I commend the Attorney General. I have been commending the Attorney General a fair bit today.”

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Michael Daley ALP

“Addressing one of the earlier comments made by my counterpart, I refer him back through the sands of time to the library bill.”

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News articles and press releases

Local Court Amendment (Jurisdiction) Bill 2025

The Hon. EMILY SUVAAL — 2025-06-26

The bill amends section 33 of the Local Court Act 2007 to exclude the jurisdiction of the Local Court of New South Wales to hear and determine civil proceedings relating to invasions of privacy and other privacy contraventions. This is a broad subject matter exclusion. The bill excludes the following types of proceedings from the Local Court’s jurisdiction. The first is statutory claims for invasions of privacy brought under schedule 2 to the Commonwealth Privacy Act 1998. In December 2024 the Australian Government enacted legislation to create a new statutory tort for serious invasions of privacy.