Establishing a right to privacy in Australia: What would it look like and how would it work?

Sir Cliff Richard's overwhelming success in his recent battle with the BBC and the South Yorkshire Police in the High Court of England and Wales (Richard v British Broadcasting Corporation [2018] EWHC 1837(Ch)) (Richard v BBC) indicates that recognising a tort of privacy in Australia could have potentially troubling consequences.

On 14 August 2014, the BBC commissioned a helicopter to hover over Sir Cliff Richard's home in Sunningdale, Berkshire. It recorded what would turn out to be a highly publicised raid and search of his home by the South Yorkshire Police (SYP) in relation to allegations against Sir Cliff relating to an incident of child sexual abuse at a Billy Graham rally in the 1980s.