The ALRC has recommended the Commonwealth create a private right to sue for a serious invasion of privacy. The ALRC considers that by describing the action as a tort, courts will be encouraged to draw upon established principles of tort law (which it hopes would promote a measure of certainty and consistency to the law). It also considers the enactment of such a cause of action would bring Australia into line with recent common law developments concerning serious invasions of privacy in common law jurisdictions.