The Victorian Data Sharing Act 2017 (Vic) has introduced a new legal framework to facilitate the sharing of Victorian public sector data to improve policy-making whilst ensuring the privacy of the data.
The Copyright Regulations 2017 (Cth) have remade the 1969 Regulations with updated and modernised provisions, and also consolidated the provisions of the now repealed Copyright Tribunal (Procedure) Regulations 1969 (Cth) into a single piece of legislation.
The Federal Court of Australia has declared a number of contractual terms appearing in some 26,000 standard form contracts entered into by JJ Richards & Sons Pty Ltd to be void for unfairness under the Australian Consumer Law Unfair Contract Terms scheme.
The Medical Treatment Planning and Decisions Act 2016 (Vic) will commence on 12 March 2018. The Act will amend the laws in Victoria regarding medical treatment decision making, including advance care directives.
The Full Court of the Family Court has cleared the way for trans and gender diverse young people to access gender affirming hormone therapy without having to attend Court in uncontroversial cases where all agree that treatment should be commenced.
The District Court of Western Australia has held that a defence of peer professional practice will not be sufficient in cases of delayed diagnosis and treatment where there is not a well-reasoned explanation for the delay based upon best practice and substantial evidence.
The Victorian Civil and Administrative Tribunal found that the use of a person’s health information for the purpose of considering a request for clinical supervision and for the purpose of an intervention order proceeding did not interfere with the privacy of the applicant by breaching the Health Privacy Principles.
The New South Wales Court of Appeal found that a doctor was not negligent in misdiagnosing a malignant melanoma as a wart, in circumstances where the appearance of the apparent wart did not indicate the need for a differential diagnosis.
The Privacy Act 1988 (Cth) (Act) has been amended by the Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) (the amending Act). The amending Act introduces a mandatory data breach notification regime where an ‘eligible data breach’ occurs. The amendments will commence on 23 February 2018, unless they are proclaimed to commence earlier.
On 12 September 2016, researchers at the University of Melbourne alerted the Commonwealth Government that it was possible to re-identify ostensibly “de-identified” Medicare Benefits Scheme (MBS) data that had been released for public access and analysis. The MBS Re-identification Event attracted significant media attention, generated an Australian Office of the Information Commissioner (OAIC) investigation and resulted in the introduction of the Privacy Amendment (Re-identification Offence) Bill 2016 (Cth). The MBS Re-identification Event is a reminder of the importance of considering the privacy implications of big data analytics.