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AI governance in focus: APRA signals key risk areas

APRA’s 30 April 2026 Letter to Industry on Artificial Intelligence (Letter) is a clear signal that the era of informal AI governance is drawing to a close. The Letter followed a targeted review of large banks, insurers and superannuation trustees, with APRA identifying that the pace of AI deployment is consistently outstripping the maturity of […]

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Reflections on Privacy Awareness Week 2026: Building Trust Through Privacy Complaint Resolution

The Office of the Australian Information Commissioner’s theme for Privacy Awareness Week 2026 is: ‘Trust is built here. In every privacy complaint. In every resolution.’ This theme highlights the critical role that privacy complaint handling plays in strengthening public confidence in how organisations manage their personal information. It signals a growing regulatory expectation that organisations […]

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Facial recognition technology on trial

  On 4 February 2026, the Administrative Review Tribunal (ART) delivered its long-awaited decision in Bunnings Group Limited and Privacy Commissioner (Guidance and Appeals Panel) [2026] ARTA 130.[1] Following an appeal by Bunnings Group Limited (Bunnings) of the Australian Privacy Commissioner’s 2024 determination, the ART has now held that Bunnings’ use of facial recognition technology […]

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Australia launches AI Safety Institute and releases National AI Plan

The Labor government has recently announced the launch of the Australian AI Safety Institute (AISI), a national watchdog dedicated to ensuring the safe and responsible development of AI in Australia. The government will begin rolling out the AISI in early 2026. The AISI has been developed to oversee the deployment and regulation of AI technology […]

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Intellectual property and AI – Retro-fitting current frameworks for new concepts

Artificial intelligence (AI) may be transforming how we work with information, but it’s also raising a number of questions as to what we ‘own’ – both as to what goes in, and what comes out. For instance, the Productivity Commission’s interim report into Harnessing Data and Digital Technology identified that restrictions on the use of […]

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Federal Court confirms $5.8m penalty against Australian Clinical Labs over data breach

The Federal Court has confirmed Australian Clinical Labs (ACL) must pay a $5.8m civil penalty along with $400,000 in legal costs to settle proceedings commenced by the Australian Information Commissioner (OAIC).[1] The proceedings arose from the OAIC’s investigation into a cybersecurity attack on Medlab Pathology (Medlab) that exposed personal information relating to approximately 223,000 Australians,[2] […]

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Contracting for AI calls for a nuanced approach

Taking lead from the immortal words of Wet Wet Wet’s Marti Pellow, it is not ‘love’ but AI that is currently ‘all around us’ …it’s everywhere [we] go…’! Since the hyped introduction of gen AI in 2023, to the wave of experimentation that gripped 2024, experts are calling FY25/26 the year of acceleration of enterprise […]

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Finder: ASIC to continue to pursue cases to clarify crypto regulation as the Federal Court finds that a crypto-asset is not a debenture

On 24 July 2025, the Full Federal Court dismissed ASIC’s appeal against Finder Wallet Pty Ltd (Finder Wallet) and ordered it to pay costs.[1] The Court held that the primary judge made no error in concluding that the ‘Finder Earn’ product did not amount to a ‘debenture’ within the meaning of s 9 of the […]

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Denmark to let you control the use of your voice and likeness. What about Australia?

If your social media is dipping into uncanny valley territory, you’ve likely found a deepfake. Elegantly described by the eSafety Commissioner, deepfakes are videos, images, or audio showing a real person “doing or saying something that they did not actually do or say”.  However, unlike the fakes of yesteryear, new AI technologies are not only […]

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Developing or procuring AI? Here’s what you need to know

AI tools are bringing paradigm-shifting opportunities that will transform the way we work and interact. In a recent McKinsey survey, 78% of respondents indicated that their organisation uses at least some AI tools – an increase from only 50% prior to the generative AI boom of late 2022, spurred on by the public release of […]

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New mandatory ransomware payment reporting obligations now in force

Introduction Australia has taken a bold step in strengthening its cyber resilience with the introduction of the mandatory ransomware and cyber extortion payment reporting regime under Part 3 of the Cyber Security Act 2024 (Cyber Security Act). Effective from 30 May 2025, this new regime requires certain entities – including businesses with an annual turnover exceeding $3 million and […]

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Crypto judgment overturned: Block Earner succeeds in cross-appeal against ASIC

*Article updated as of 22 May 2025 The Full Court of the Federal Court of Australia handed down its much-awaited decision on 22 April 2025, overturning the judgment of Justice Jackman in the Block Earner case.[1] The decision should give digital asset providers and market participants further clarity around the application of the complex financial services regime […]

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