Topic: Legislation

Subscribe to Legislation RSS feed

Suspicious of a data breach? You’ve got 30 days to finish your assessment

The Notifiable Data Breach Scheme (NDB Scheme) came into force on 22 February 2018, resulting in various changes to Australia’s privacy law. In previous posts, we have considered the nature and contents of notification statements, and how to identify which data breaches need to be notified. Those posts set out the notification requirements where an … Continue reading

I’ve been breached! Do I need to notify?

The Notifiable Data Breach Scheme (NDB Scheme) came into force on 22 February 2018, resulting in various changes to Australia’s privacy law.  In this post, we look at how to identify which data breaches are “eligible data breaches” and need to be notified to the OAIC and affected individuals under the NDB Scheme. Which data … Continue reading

Data Breach Notification is now the law – Preparing a Notification Statement

The day has arrived. 22 February 2018. After years of debate and plentiful discussion, Australia now has a notifiable data breach scheme (NDB Scheme). As a result there are various changes to privacy law in Australia and it is important for all organisations to know whether the new laws impact their business and how to … Continue reading

Victorian Government considers a review of coronial investigation processes

In December 2016, the Victorian Government announced that it had requested the Coronial Council of Victoria to undertake a review of the appeals and reopening processes for coronial investigations under the Coroners Act 2008 (Vic) (the Act). The request was made to ensure that the laws are working appropriately, having regard to the interests of … Continue reading

Mandatory Data Breach Notification Bill passes Parliament – soon to become law

The long anticipated Privacy Amendment (Notifiable Data Breaches) Bill 2016 (Cth) (Bill) has passed through the Parliament and is soon to become law. First introduced into Parliament on 19 October 2016, the Bill was debated in the House of Representatives before being passed on 7 February 2017. Subsequently the Bill was debated in the Senate, … Continue reading

Victoria introduces the Show Cause Process: A new disciplinary regime for registered building practitioners

Show cause process The show cause notice is a procedure by which the Victorian Building Authority (VBA) “supervises and monitors the conduct and ability to practise of registered building practitioners” in Victoria. All Victorian building practitioners and their PI insurers should be aware of new practitioner disciplinary processes recently introduced by the VBA, including the … Continue reading

2016 Mandatory Data Breach Notification Bill – latest update

After much anticipation, the Privacy Amendment (Notifiable Data Breaches) Bill 2016 (Cth) (Bill) was introduced into the Parliament on 19 October 2016.  If passed, organisations and Commonwealth government agencies subject to the Privacy Act 1988 (Cth) will be required to notify affected individuals and the Australian Privacy Commissioner of ‘eligible data breaches’.  This affects Commonwealth … Continue reading

Survival of contractual indemnities?

Every business expects to get the benefit of contractual terms drafted in its favour.  What is the point of negotiating contractual indemnities, if they do not shift risk as intended? So how are businesses to cope with legislation that looks to void the benefit of contractual indemnities? … Continue reading

The ‘need-to-knows’ of the new Federal Court Practice Notes

Twenty-six Federal Court Practice Notes came into operation with immediate effect on 25 October 2016. With all pre-existing practice notes and administrative notes being revoked, little room has been left for error. For solicitors, as creatures of habit, reform of the court practices and procedures may be met with utter panic. But, the outlook is … Continue reading

Cyber Terrorism: Australian laws create coverage gap

The risk of a cyber attack being carried out on critical infrastructure is a real one, with losses extending to business interruption, property damage and personal injury. Around the world we have already seen examples of such cyber attacks, involving  a power plant in Ukraine, a uranium enrichment plant in Iran and, closer to home, … Continue reading