Draft legislation on Privacy Act Reforms brought forward to August as the Government respond to the ‘violence against women’ crisis

The Federal Government has announced a suite of preventative measures and legislative reforms following a national cabinet meeting yesterday addressing violence against women in Australia. Notably, the Government will bring forward legislation in August outlawing the release of private information online with an intent to cause harm, also known as ‘doxxing’. This is in addition […]

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FMCG Express | March 2024 Edition

In this edition of FMCG Express we consider the regulatory landscape of AI, what to do when you receive a (potentially) defamatory online review, recent Fair Work Act changes (particularly how these changes affect casual workers), and we consider specifics around ESG reporting. Partner Breanna Davies and the Gadens team have prepared this edition to […]

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New announcements made ahead of Federal Government’s updated Cyber Security Strategy release

Cyber note – New developments: Australian businesses to report cyber ransom demands under proposed no-fault system New cyber-risk reporting requirements for Australian telcos With its updated Cyber Security Strategy expected to be released next week, the Federal Government has set the scene, by making a number of early announcements. What is telling is that these […]

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A step in the right direction – Australian Government Response to Privacy Act Reforms

Following the Attorney-General’s Department’s Privacy Act Review Report published in February 2023 (Report), the Australian Government has just published its response to the Report (Response). The Response follows submissions from various stakeholders (including by a submission by Gadens) on the 116 proposals in the Report that look to overhaul the current Privacy Act 1988 (Cth) […]

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Defamation – what is required to establish ‘serious harm’?

The Federal Court of Australia recently handed down a decision in Selkirk v Hocking (No 2)[1] shedding light on the serious harm element of the cause of action for defamation. Background In November 2019, Ms Selkirk was convicted of multiple counts of dishonestly obtaining financial advantage by deception by using falsified receipts to return goods […]

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FMCG Express | September 2023 Edition

In this edition of FMCG Express we consider the practicalities of implementing UCT regime required changes, recent ACCC enforcement activity and consider what risks ‘greenwashing’ can pose for our clients. We also touch on employer obligations regarding psychosocial safety and hazards, the Retail Award and other legislative changes. Partner Breanna Davies and the Gadens team […]

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Fake news? – ACMA to receive new powers to hold digital platforms to account

The Australian Government has set its sights on combatting the growing trend of misinformation and disinformation on digital platforms, including social media channels, with the release of the draft Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2023 (Draft Bill) last Sunday. If implemented as proposed, the Australian Communications and Media Authority (ACMA) would be […]

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The decision is clear – the AAT confirms that the Privacy Act applies to Clearview AI’s conduct

As briefly noted in our Gadens Regulatory Recap on 30 May 2023, the Administrative Appeals Tribunal (AAT) has recently handed down its decision regarding the conduct of Clearview AI Inc (Clearview AI), confirming the applicability of the Privacy Act 1988 (Cth) (Privacy Act) to the conduct of entities overseas, and recent amendments to the Privacy […]

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Privacy Act Reforms – will individuals’ rights impact your business?

It has only been three months since the Attorney General’s Office released its report (Report) on the proposed amendments to the Privacy Act 1988 (Cth) (Privacy Act). The Report made 116 recommendations for reform. The recommended reforms are extensive and will, if implemented, have a substantial effect on how businesses regulated under the Privacy Act […]

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Employers, brace for changes to the Privacy Act’s employee record exemption

With everything and everyone moving online, going paperless and adopting flexible work practices, it’s no wonder employers are collecting more and more personal information, including sensitive personal information, from their employees. The employee record exemption At present, an organisation acting in its capacity as the employer (or former employer) of an individual in relation to […]

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FMCG Express | March 2023 Edition

The latest edition of FMCG Express goes straight to the heart of legal issues affecting corporate Australia in 2023; reforms to unfair contracts legislation; changes to the Fair Work Act; privacy law amendments; and cyber and data security. Partner Breanna Davies and the Gadens team of contributors are at the forefront of the analysis of […]

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Mandatory notifiable data breach scheme introduced for NSW government agencies

In a time of significant changes to the privacy landscape, not least the confirmed passing by the Senate yesterday afternoon of the Privacy Legislation Amendment (Enforcement & Other Measures) Bill, 2022 to increase fines and enhance the OAIC powers (see our recent article here), further well overdue changes were also announced for the public sector. […]

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