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NSW Government Bulletin

25 June 2019

#Government

Christine Jones

Published by Christine Jones


NSW Government Bulletin

New bill proposes mandatory privacy breach notification regime for NSW – again

On 20 June 2019, shadow attorney general Paul Lynch reintroduced a bill that seeks to establish a mandatory data breach notification scheme in NSW.

The Privacy and Personal Information Protection Amendment (Notification of Serious Violations of Privacy by Public Sector Agencies) Bill would require state agencies to notify affected individuals and the NSW Privacy Commissioner after a “serious” breach of privacy.

This bill is almost identical to another introduced by the opposition in November 2017, of the same name which was opposed by the government and lapsed.

If passed the bill would introduce a mandatory data breach notification scheme similar to the current federal regime which does not apply to state government agencies or local councils.

Currently notification in NSW is voluntary and to assist NSW public sector agencies, the Information and Privacy Commission NSW (IPC) has developed a suite of resources to support NSW’s voluntary data breach reporting scheme, available here.

In reintroducing the bill the shadow attorney general cited recent events around the alleged leaking of personal details of motorists by the office of the Customer Service Minister Victor Dominello, which has been referred to the state’s corruption watchdog.

It is interesting to note that the quarterly statistics published by the IPC for voluntarily reported data breaches in NSW are a small fraction of the number reported to the OAIC under the mandatory scheme.

The OAIC recorded a significant increase in reports once it was mandatory. A key benefit of mandatory reporting is that it forces organisations to critically assess the risk of serious harm to individuals and this means there is likely to be more notifications to individuals, empowering them to take action to prevent harm arising from breaches.

Author: Lyn Nicholson

In the media

NSW Budget supports child victims, invests in courts and fights corruption
The 2019-20 NSW Budget will deliver the world’s first residential trauma centre for children impacted by homicide, a new unit to prosecute public officials engaging in misconduct and the largest ever upgrade of Queanbeyan Courthouse (18 June 2019).  More...

New Commissioner of Victims Rights in NSW
The Secretary of Family and Community Services and Justice Michael Coutts-Trotter has appointed the former Chief of Staff at the Department of Justice, Michelle Vaughan, as the new Commissioner of Victims Rights.  Ms Vaughan will begin her new role on 1 July 2019 (15 June 2019).  More...

OAIC: Lessons learned during first 12 months of Notifiable Data Breaches scheme
Data breaches involving personal information may be prevented through effective training and enhanced systems, analysis of the first 12 months of mandatory notifications reveals (13 June 2019).  More...

In practice and courts

AAT fee increase on 1 July 2019
Annual Federal Courts and Tribunals Fee Increases from 1 July 2019.  More...

High Court of Australia
High Court of Australia Bulletin [2019] HCAB 4 (30 May 2019)

ICAC: Operation Ember public inquiry continues 21 June
The NSW Independent Commission Against Corruption’s Operation Ember public inquiry will continue on Friday 21 June 2019.  More...

ICAC: The regulation of lobbying access and influence in NSW
Consultation paper and submissions in response (12 June 2019).  More...

Decisions of interest
June 17 2019 - The NSW Court of Appeal has just published its latest Decisions of Interest Bulletin on the Court of Appeal website.  More...

Costs Disputes - Amendment of the Legal Profession Uniform General Rules 2015
On 1 July 2019 the Legal Profession Uniform General Amendment (Indexation) Rule [2019] will commence. It adds rule 111A to the Legal Profession Uniform General Rules [2015].  More...

Review of the Civil and Administrative Tribunal Act 2013
The Department of Justice is conducting a review of the Civil and Administrative Tribunal Act 2013 (NSW) to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives. Submissions to the review close on 10 July 2019.  More...

NSW LRC: Open Justice Review - Court and tribunal information: access, disclosure and publication
The Attorney General has asked to review the operation of suppression and non-publication orders and access to information in NSW courts and tribunals. See the Terms of reference. Information about making a submission may be found here.

Published – articles, papers, reports

Digital news report: Australia 2019
Caroline Fisher, et al; News and Media Research Centre (UC): 12 June 2019
On the negative side, the number of Australians with high interest in news has fallen, news avoidance has risen, and many Australians think the news is often too negative and not that relevant to their lives.  More...

Regulatory dark matter: how unaccountable regulators subvert democracy by imposing red tape without transparency
Kurt Wallace; Institute of Public Affairs: 11 June 2019
This category of red tape is described as ‘regulatory dark matter,’ which refers to publications by government agencies that seek to influence the behaviour of regulated actors (such as businesses), but lack adequate democratic oversight.  More...

Cases

Shenhua Watermark Coal Pty Limited v Department of Planning and Environment [2019] NSWCATAD 119
ADMINISTRATIVE LAW – administrative review - Government Information – third party consultation - public interest considerations against disclosure – whether information provided in confidence – whether disclosure could reasonably be expected to diminish competitive commercial value of information – whether disclosure could prejudice business and commercial interests – onus on third party applicant to establish an overriding public interest against disclosure – onus not discharged

Two Cubed Pty Ltd v Secretary of the Department of Education NSW [2019] NSWCATAD 122
ADMINISTRATIVE LAW- Education and Care Services National Law – review of a decision refusing provider approval under section 15(2) of the National Law – whether a fit and proper person - Objects and Principles of National Law – Children – Childcare Services – Administrative review jurisdiction – correct and preferable decision - whether the Tribunal should uphold the decision or substitute decision. 

Nolan v Commissioner of Police, NSW Police Force [2019] NSWCATAD 120
ADMINISTRATIVE LAW - GIPA Act – Government Information – whether information held by the agency – whether in possession or control – capacity as an officer or member of staff of an agency – obligation to undertake reasonable searches 

Seremetis v NSW Department of Justice [2019] NSWCATAD 118
ADMINISTRATIVE LAW – Government Information – CCTV footage of interior of correction centre - public interests against disclosure of the information in the way requested

Rivero v Commissioner of Police, NSW Police Force [2019] NSWCATAD 115
ADMINISTRATIVE LAW – Government Information – audit report - personal information – access to information about an individual by the individual - whether prejudice to an agency’s functions 

Shehata v Department of Fair Trading; Visual Building Constructions Pty Ltd v Department of Fair Trading [2019] NSWCATAD 116
ADMINISTRATIVE Law – administrative review – home building - fit and proper person -– weight of evidence – adverse findings

Hollingsworth v Commissioner of Police, NSW Police Force [2019] NSWCATAD 114

ADMINISTRATIVE REVIEW – Government Information (Public Access) – application for review by person aggrieved by decision to refuse to release information – public interest considerations 

Legislation

NSW

Regulations and other miscellaneous instruments
Photo Card Amendment (Fees and Penalty Notice Offences) Regulation 2019 (2019-242) — published LW 14 June 2019

Bills introduced Government - Non-Government – 21 June 2019
Privacy and Personal Information Protection Amendment (Notification of Serious Violations of Privacy by Public Sector Agencies) Bill 2019

Bills passed by both Houses of Parliament
Crimes (Administration of Sentences) Amendment (Inmate Behaviour) Bill 2019

Bills assented to
Statute Law (Miscellaneous Provisions) Act 2019 No 1 — Assented to 17 June 2019

NSW Government Bulletin editor:
Christine Jones, Partner - Construction & Infrastructure (Dispute Resolution) 
T: +61 2 8083 0477 
E: Christine.Jones@holdingredlich.com

Other contacts:
Dispute Resolution, Inquiries and Administrative Law
Greg Wrobel, Partner 
T: +61 2 8083 0411 
E: Greg.Wrobel@holdingredlich.com

Bede Haines, Partner 
T: +61 2 8083 0447 
E: Bede.Haines@holdingredlich.com

Workplace Relations & Safety
Michael Selinger, Partner 
T: +61 2 8083 0430 
E: Michael.Selinger@holdingredlich.com

Privacy & Data Protection
Lyn Nicholson, General Counsel 
T: +61 2 8083 0463 
E: Lyn.Nicholson@holdingredlich.com

Planning, Property & Environment
Robina Kidd, Partner 
T: +61 2 8083 0454 
E: Robina.Kidd@holdingredlich.com

Vanya Lozzi, Partner 
T: +61 2 8083 0462 
E: Vanya.Lozzi@holdingredlich.com

Cameron Sheather, Partner 
T: +61 2 8083 0461 
E: Cameron.Sheather@holdingredlich.com

Breellen Warry, Partner 
T: +61 2 8083 0420 
E: Breellen.Warry@holdingredlich.com

Lindsay McGregor, Partner
T: +61 2 8083 0459 
E: Lindsay.McGregor@holdingredlich.com

Alexander McNutt, Special Counsel 
T: +61 2 8083 0495 
E: Alexander.McNutt@holdingredlich.com

Peter Holt, Special Counsel 
T: +61 2 8083 0421 
E: Peter.Holt@holdingredlich.com

Construction and Infrastructure (Projects and Procurement)
Scott Alden, Partner 
T: +61 2 8083 0419 
E: Scott.Alden@holdingredlich.com

Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources.

Christine Jones

Published by Christine Jones

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