Recent developments
There has been a range of recent legal developments that affect Commonwealth decisionmakers. Further information on these developments is available at www.sparke.com.au
With big data comes big privacy responsibility
Big data analytics has the potential to bring social and economic benefits, but the entities that use them must be fully aware of their privacy obligations under the Privacy Act. The OAIC has released a consultation draft of its Guide to big data and the Australian Privacy Principles to provide clear guidance in this area.
Primarily, the Guide recommends entities consider whether de-identified (non-personal) information can be used as part of their big data activities and if they can embed bespoke, integrated privacy practices across the organisation and in individual projects and activities.
Legal services direction to affect timebarred child abuse claims until 2019
Commonwealth agencies have been directed to refrain from pleading a limitation period defence to claims brought by survivors of child sexual abuse.
The Attorney-General's Direction further extends to prohibiting Commonwealth agencies from opposing any application for an extension of the limitation period for a time-barred child abuse claim. However, and relevantly for agencies that are already involved in these types of claims, the Direction does not apply to any proceeding where a Court has already determined the limitation issue—both in the context of a successful defence to a claim based on the expiration of the limitation period or a failed application for an extension of a limitation period in a child abuse claim.
The Commission has estimated there are more than 65,000 unreported claims of child sexual abuse across a range of institutions within Australia. With the limitation period, in this context, often proving the primary obstacle for a claimant to overcome, the Direction of the Attorney-General may see an opening of the flood gates of previously unreported claims against Commonwealth agencies or claims previously made but not pressed through the legal system.
Privacy Bill amendment will have to wait for the next government...again
This isn't the first time the Commonwealth Government has been unable to introduce and pass the proposed Privacy Amendment (Notification of Serious Data Breaches) Bill 2015. As a result, the mandatory breach notification scheme's future will now depend upon the policy objectives of the next government and its ability to progress the legislation through Parliament.
Following criticism from the industry and government agencies, which focused on the scope and lack of clarity around reasonable awareness and assessing harm, it could be a while before we see this amendment enacted.
Recent updates to statutory benefits for Commonwealth workers' compensation
Statutory rates under the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) have been updated and are in effect from 1 July 2016.
Sparke Helmore Lawyers has developed a permanent impairment and non-economic loss calculator for the 2016/2017 financial year, to help you calculate entitlements under s 24 and s 27 of the SRC Act.
Visit http://www.sparke.com.au/insights/ recent-updates-to-statutory-benefits-forcommonwealth-workers-compensation/ to view the list of new rates and to access the calculator.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
