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Queensland Government Bulletin: Information Privacy Act amendments passed

12 December 2023

#Data & Privacy, #Government

Published by:

James Sofianos

Queensland Government Bulletin: Information Privacy Act amendments passed

The world of privacy legislation has been a moving feast in recent times, kicking off with the introduction of the European General Data Protection Regulation (GDPR) in 2018. The GDPR had an international impact and led to massive change and fines for major global companies. This was followed by various changes to other international regimes, and then the recent amendments to the Federal Privacy Act driven by the Medicare and Optus breaches, with more changes to come.

While all of this has occurred, the Queensland Information Privacy Act has remained largely unchanged since its original passing in 2009. Various reviews have occurred during this period, but until now, no major changes have resulted.

The Information Privacy and Other Legislation Amendment Act 2023 was passed on 29 November 2023, bringing a new regime to public sector privacy in Queensland. The most notable changes are:

  • replacement of the existing Information Privacy Principles (IPPs) and National Privacy Principles (NPPs) with a single set of Queensland Privacy Principles (QPPs), modelled on the Federal regime’s Australian Privacy Principles (APPs)
  • introduction of a mandatory data breach notification scheme, again similar in nature to the scheme that was introduced at a Federal level in 2018.

The changes have yet to commence, and given the significant work government will need to undertake to comply with the new regime, it is likely to be a while before they do.

In this intervening period, agencies will need to review the new requirements and begin overhauling their privacy practices and processes to comply with the new regime – such as developing a new QPP privacy policy and publishing it on their website.

While the new QPPs are based on the APPs, there are some significant differences, so agencies cannot simply look to APP-based compliance programs. For example, APP 8, which relates to overseas disclosure, has not been included, with the retention of a separate section in the Information Privacy Act dealing with the issue. Some other APP provisions have also been excluded where they are not relevant to government, such as in relation to direct marketing. The numbering remains aligned with the APPs, but QPPs 7 through 9, relating to direct marketing, overseas disclosure and adoption of government identifiers, simply contain no requirements.

Another key task for agencies is putting in place the capability to respond to a data breach and make the relevant notifications within 30 days. This includes notifying the Information Commissioner and affected individuals. Data breach response plans will need to be developed and tested, and all personnel will need to understand the relevant processes and procedures – as a data breach can start anywhere in your organisation.

A new privacy regime is coming – and the work to ensure compliance with it should start now.

If you have any questions, please get in touch with a member of our team below.

Author: Andrew Hynd

Media

Bodies corporate, unit owners and land buyers better supported under new reforms
New body corporate laws and protections for ‘off the plan’ buyers have passed in Queensland Parliament. Previously, if a contract included a sunset clause, developers could terminate a sales contract for an ‘off the plan’ land purchase if it was not settled within a stated time-period. The new laws limit when property developers can invoke these clauses to help enhance buyer confidence and protections (14 November 2023). Read more here.

Next stage of public sector whistleblowing reform
The Albanese Government has commenced the next stage in progressing its commitment to strengthen public sector whistleblowing reforms. These reforms implemented 21 of the 33 recommendations from the 2016 Review of the Public Interest Disclosure Act 2013 by Mr Philip Moss AM (16 November 2023). Read more here.

Double jeopardy exceptions to expand
Laws to expand double jeopardy exceptions to other serious offences such as manslaughter and sexual offences were introduced into the Queensland Parliament (29 November 2023). Read more here.

Major increases in assistance to victims of crime passed by parliament
The passage of the Victims of Crime Assistance and Other Legislation Amendment Bill 2023 means all victims will be able to access significantly greater financial assistance (30 November 2023). Read more here.

Establishing Australia’s first Anti-Slavery Commissioner
On 30 November 2023, the Attorney General introduced a Bill to establish Australia’s first federal Anti-Slavery Commissioner. The Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill 2023 is a landmark reform which delivers on our election commitment to add a new, independent pillar to Australia’s comprehensive response to modern slavery. Read more here.

Publications

Progress and pitfalls - The fourth annual report on the operation of Queensland’s Human Rights Act 2019
On 30 November 2023, the Queensland Human Rights Commission tabled the fourth annual report on the operation of Queensland’s Human Rights Act 2019. The purpose of this report is to provide a resource for government, parliament, and the community on the operation of the Act and the degree to which it is achieving its objectives. Read more here.

ACCC grants authorisation for electricity industry coordination
The ACCC has granted authorisation for the Australian Energy Market Operator (AEMO) and electricity industry participants in the National Electricity Market to coordinate the scheduling of repairs, maintenance, renewals upgrades and new connections and associated information sharing. Read more here.

Public sector conduct and performance data released
Each year across the Queensland public sector information is collected to understand the number, seriousness and how employee conduct and performance matters have been handled. Read more here.

AAT Bulletin Issue No. 23/2023 - 20 November 2023
The AAT Bulletin is a fortnightly publication containing information about recently published decisions and appeals against decisions in the AAT’s General, Freedom of Information, National Disability Insurance Scheme, Security, Small Business Taxation, Taxation & Commercial and Veterans’ Appeals Divisions. Read more here.

Practice

Civil procedural fact sheets for the Supreme Court and District Court
The Supreme Court and District Court have published procedural fact sheets designed to provide plain English guidelines for common procedures in civil litigation in Queensland. Read the fact sheets here.

Practice Direction Number 15 of 2023 – Supreme Court of Queensland
This Practice Direction implements the Practice Note – Harmonisation in schemes of arrangement as developed by the Committee for the Harmonisation of Rules of the Council of Chief Justices of Australia and New Zealand and adopted by the Supreme Court of Queensland. Read more here.

QCAT Practice Direction No. 4 of 2023
The Practice Direction explains the process used in QCAT for residential tenancy disputes. It sets out what each party must do prior to and at the hearing so that QCAT can deal with the matter in a way that is informed, fair and efficient. Read more here.

Cases


BZN v Chief Executive, the Department of Children, Youth Justice and Multicultural Affairs [2023] QSC 266
ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – DECISIONS TO WHICH JUDICIAL REVIEW LEGISLATION APPLIES – MEANING OF DECISION – GENERALLY – where the applicant is a social worker – where a child under the care and protection of the respondent alleged he had been sexually assaulted by the applicant – where the respondent investigated the matter as a harm report under s 14(1) of the Child Protection Act 1999 (Qld) – where the respondent assessed that the allegation of harm had been substantiated – where the respondent conducted three reviews of the original decision – where all three reviews confirmed the original decision – where the applicant challenges the outcome of the final review – whether the outcome of the final review is a reviewable decision under the Judicial Review Act 1991 (Qld). Read more here.

Farquhar v Commonwealth of Australia represented by Services Australia [2023] FedCFamC2G 1100
INDUSTRIAL LAW – Adverse action – alleged dismissal for making complaints and inquiries – alleged dismissal for taking personal leave – HELD that employee dismissed for conduct and performance reasons, not for making complaints and inquiries. Read more here.

Armitage v Parole Board Queensland [2023] QCA 239
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR OF LAW – where the appellant was convicted of manslaughter and sentenced to nine years six months imprisonment – where some 80 to 85 per cent of the skeletal remains of the deceased have been located – where it is highly likely that the skeletal remains which are unaccounted for may never be located or no longer exist – where the appellant applied to the respondent for a parole order – where the respondent made a no cooperation declaration in respect of the appellant pursuant to s 175L of the Corrective Services Act 2006 (Qld) (“CSA”) – where the respondent could only make a no cooperation declaration if it was first satisfied that the appellant was a no body-no parole prisoner pursuant to s 175C of the CSA – where the primary judge’s construction of s 175C results in a prisoner falling within the definition of a no body-no parole prisoner in circumstances where all of the “remains” of the deceased which still exist or are capable of being located, have been located – whether on the proper construction of s 175C, the word “remains” refers to those remains that continue to exist and are capable of being located – whether the learned primary judge erred in construing s 175C. Read more here.

Simonds Queensland Constructions Pty Ltd v Queensland Building and Construction Commission
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where application seeks to review multiple decisions – whether refusal to grant an extension of time to file an application for internal review is reviewable – where application to review decision to issue a direction to rectify out of time – whether discretion should be exercised to extend time to file the application to review – where application to review to proceed as an application to review a scope of works decision. Read more here.

Legislation

Bills

Bills introduced

Government
Agriculture and Fisheries and Other Legislation Amendment Bill 2023
Land and Other Legislation Amendment Bill (No. 2) 2023

Private Member
Planning and Other Legislation (Make Developers Pay) Amendment Bill 2023

Bills passed

Bills passed without amendment

Nil

Bills amended during passage

Body Corporate and Community Management and Other Legislation Amendment Bill 2023
Local Government (Councillor Conduct) and Other Legislation Amendment Bill 2023

Acts

Acts assented to

Property Law Act 2023 No. 27 – Assent 2 November 2023
Tow Truck Act 2023 No. 28 – Assent 2 November 2023
Body Corporate and Community Management and Other Legislation Amendment Act 2023 No. 29 – Assent 22 November 2023
Local Government (Councillor Conduct) and Other Legislation Amendment Act 2023 No. 30 – Assent 22 November 2023

Proclamations commencing Acts made

Proclamation No. 3 – Queensland Veterans' Council Act 2021 (commencing remaining provisions)
​Proclamation No. 1 – Health and Other Legislation Amendment Act 2023 (commencing certain provisions)

Subordinate Legislation

Subordinate legislation notified

Health and Other Legislation Amendment (Postponement) Regulation 2023
Industrial Relations (Tribunals) Amendment Rule 2023
Proclamation No. 3 – Queensland Veterans' Council Act 2021 (commencing remaining provisions)
Radiation Safety Amendment Regulation 2023
Recording of Evidence Amendment Regulation (No. 2) 2023
Rural and Regional Adjustment (Primary Producer Flood Management Grants Scheme) Amendment Regulation
2023

State Development and Public Works Organisation (Julia Creek–Richmond Critical Minerals Zone Water Delivery Options) Amendment Regulation 2023
​Proclamation No. 1 – Health and Other Legislation Amendment Act 2023 (commencing certain provisions)
Medicines and Poisons (Pest Management Activities) Amendment Regulation 2023
Medicines and Poisons (Poisons and Prohibited Substances) Amendment Regulation 2023
Proclamation No. 3 – Land and Other Legislation Amendment Act 2023 (commencing remaining provisions)
Vegetation Management Regulation 2023
Veterinary Surgeons Amendment Regulation 2023
​Proclamation No. 1 –Justice and Other Legislation Amendment Act 2023 (commencing certain provisions)
Education (General Provisions) (Barcaldine State School P-12 Campus) Amendment Regulation 2023
Statutory Bodies Financial Arrangements Amendment Regulation 2023

Subordinate legislation tabled

Health and Other Legislation Amendment (Postponement) Regulation 2023
Industrial Relations (Tribunals) Amendment Rule 2023
Medicines and Poisons (Medicines) Amendment Regulation (No. 3) 2023
National Energy Retail Law (Queensland) Amendment Regulation 2023
Proclamation No. 1 – Criminal Code (Serious Vilification and Hate Crimes) and Other Legislation Amendment Act 2023 (commencing certain provisions)
Proclamation No. 3 – Queensland Veterans' Council Act 2021 (commencing remaining provisions)
Racing Integrity Amendment Regulation 2023
Radiation Safety Amendment Regulation 2023
Recording of Evidence Amendment Regulation (No. 2) 2023
Rural and Regional Adjustment (Primary Producer Flood Management Grants Scheme) Amendment Regulation 2023
State Development and Public Works Organisation (Julia Creek–Richmond Critical Minerals Zone Water Delivery
Options) Amendment Regulation 2023

​Proclamation No. 1 – Health and Other Legislation Amendment Act 2023 (commencing certain provisions)

Subordinate legislation repealed
Vegetation Management Regulation 2012

Disclaimer
The information in this bulletin 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 bulletin is accurate at the date it is received or that it will continue to be accurate in the future.

Published by:

James Sofianos

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