If the cause of action were one of strict liability, then the defendant would be held liable even though they were not at fault, that is, the defendant’s actions were not intentional, reckless or negligent.ħ.73 The ALRC considers that strict liability would be too onerous and broad, and that it is inconsistent with modern trends in tort law to fault-based liability.
Strict liability leads to liability regardless of fault. Privacy Commissioner investigations for serious invasions of privacyħ.72 The ALRC does not support the new tort imposing strict liability.
