DUE: 29th April 2016
Length: 2000 words plus reference list
This assessment task requires you to write an essay in which you critically discuss privacy and the law in Australia today. You are expected to draw on and support your arguments from the literature and case law, using appropriate and authoritative sources (i.e. not Wikipedia, or commercial websites and general blogs). You may discuss the topic in the context of the provisions in your own state or territory, or in Australia generally.
Background for this essay:
‘Privacy is the fragile boundary between self and society. That fragile boundary, as Callinan J recognised in ABC v Lenah Game Meats, is indispensable for human autonomy and development …’
(Gotsis, T, August 2015, Revenge pornography, privacy and the law. NSW Parliamentary Research Service, e-brief issue 7/2015).
Task: In your essay, discuss the following questions:
? Outline and critically discuss the current position in Australia, for an individual experiencing a serious invasion of privacy. Where does the ‘fragile boundary’ now lie; what privacy can an individual reasonably expect, and what are the possible remedies for breaches of privacy in personal life?
? Should there be a legal cause of action for serious interference with personal privacy, in line with the recommendations in the Australian Law Reform Commission (ALRC) Report 123? Identify and critically discuss the possible benefits and risks of law reform in this area, and outline a preferred solution, supporting your arguments from the literature.
Information and advice on this assessment task will be contained in a resource folder in the Interact 2 subject site.
Some points to consider might include: should the Australian Government introduce new privacy legislation, as proposed by the ALRC? Or should it be left to the courts to develop a new tort through case law? What are the pros and cons of developing privacy law by statute or leaving it to the courts? And should this be developed as an area of Commonwealth law, or left to the states and territories?
? This task enables you to demonstrate a knowledge of the Australian legal system, and of issues relevant to professional practice in the human services. The essay allows you to demonstrate that you are able to recognise legal issues and problems in practice; are able to recognise and demonstrate an understanding of mechanisms that positively influence legal processes and outcomes for vulnerable and disadvantaged people; are able to consider, critically evaluate and engage in the wider legal, ethical, social policy debates central to human services in Australia, including law reform; and are able to make judgements as to the appropriate role of the social services worker in relation to the legal system and their client(s).