Section 25 — Privacy Act 1988: Compensation orders

(1) The Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may order an entity to compensate a person for loss or damage (including injury to the person’s feelings or humiliation) suffered by the person if: (a) either: (i) a civil penalty order has been made under subsection 82(3) of the Regulatory Powers Act against the entity for a contravention of a civil penalty provision of this Part; or (ii) the entity is found guilty of an offence against this Part; and (b) that loss or damage resulted from the contravention or commission of the offence. The order must specify the amount of compensation. (2) The court may make the order only if: (a) the person applies for an order under this section; and (b) the application is made within 6 years of the day the cause of action that relates to the contravention or commission of the offence accrued. (3) If the court makes the order, the amount of compensation specified in the order that is to be paid to the person may be recovered as a debt due to the person.