Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 12 APRIL 2023

Market Intelligence Thought Leadership Award Winner

Attorney General's review proposes Privacy Act overhaul

Gilchrist Connell
Explore more from Gilchrist Connell

The extensive proposals would bring Australia closer to obligations imposed by the GDPR and other countries.

AustraliaPrivacy
Nitesh Patel
Nitesh Patel
Linda Zeng
Linda Zeng
Reece Qose
Reece Qose
Henry Baker
Henry Baker
Author LinkedIn connections

In line with previous predictions, wide ranging changes to the Privacy Act 1988 (Cth) were proposed by the Attorney-General in his Privacy Act Review Report (Report) released on 16 February 2023.

More than 110 proposals are set out in the Report, which go beyond proposed amendments to legislation. It includes a call for greater consultation and guidance on multiple aspects of the Act.

A broader application of the Privacy Act, greater obligations around data collection and handling and greater rights for individuals have alsobeen canvassed. We focus on a selection of these proposed reforms below.

Broader Application

To broaden the application of the Privacy Act, the following has been proposed:

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

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.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Privacy Reform In Australia: What Businesses Need To Know In 2026-2027 (Part 2)

The Australian Government has released the Exposure Draft Privacy Amendment (Personal Data Protection) Bill 2026, proposing the most significant overhaul of privacy law in years. These reforms would fundamentally change how Australian businesses handle personal information, introducing a new "fair and reasonable" test, stronger consent requirements, expanded definitions of personal information, and new rules for AI and emerging technologies.
AustraliaPrivacy
Coleman Greig Lawyers
Coleman Greig Lawyers
Article

Australia’s Privacy Act Reforms: Fundamental Changes Proposed In New Exposure Draft

Australia's Privacy Act reform has reached a critical milestone with the release of exposure draft legislation proposing fundamental changes to how organisations handle personal information. The reforms introduce a new 'fair and reasonable' test for data collection and use, a right of erasure for large digital platforms, strengthened consent standards, a statutory controller/processor framework, restrictions on trading personal data, and enhanced data breach obligations. These changes come at a time when em
AustraliaPrivacy
Corrs Chambers Westgarth
Corrs Chambers Westgarth
Article

Privacy Reform In Australia: What Businesses Need To Know In 2026-2027

Australia's privacy laws are undergoing significant reform, with new automated decision-making transparency requirements commencing in December 2026 and further substantial changes under consideration. Businesses must prepare for enhanced regulatory scrutiny, increased litigation risk through the new statutory tort for serious privacy invasions, and potential expansion of obligations to small businesses and employee records.
AustraliaPrivacy
Coleman Greig Lawyers
Coleman Greig Lawyers
Article

Digital Duty Of Care: What Australian Businesses Need To Know

The Australian Government's proposed digital duty of care reforms would extend online safety obligations far beyond social media platforms to encompass any business operating websites, digital platforms, or AI-enabled tools. Rather than simply responding to complaints, businesses would need to proactively identify foreseeable risks and implement safeguards, with substantial penalties for non-compliance reaching up to $109.2 million for companies. The exposure draft introduces a fundamental shift from reacti
AustraliaPrivacy
Holding Redlich
Holding Redlich
Article

AI Glasses And Privacy: Are Our Laws Keeping Up?

Australia's new statutory tort for serious invasions of privacy, which commenced in June 2025, is being tested against emerging AI-powered smart glasses technology that can record audio and video discreetly. As these devices become more sophisticated and less detectable, questions arise about whether current privacy laws adequately protect individuals from covert surveillance and data collection in both public and private settings.
AustraliaPrivacy
Carroll & O'Dea
Carroll & O'Dea
Article

AFCA’S New Approach To General Insurance Claims Handling: GICOP Compliance May Not Be Enough

The Australian Financial Complaints Authority has published new guidance clarifying how insurers must handle claims, including strict timeframes and expanded compensation rules. Insurers now face potential liability beyond policy limits for unreasonable delays, and may be required to compensate claimants for non-financial losses. With storm season approaching and complaint volumes rising, these changes create significant operational and financial pressure on the insurance industry.
AustraliaInsurance
Gilchrist Connell
Gilchrist Connell
Article

ASIC Puts Motor Vehicle Premium Transparency Under The Spotlight

ASIC's Report 838 reveals significant transparency gaps in motor vehicle insurance premium communications, finding that renewal documents often fail to explain price changes adequately and that over 30% of consumers who contacted their insurer successfully negotiated lower premiums. The report establishes clear expectations for better practice in pricing disclosures and signals continued regulatory scrutiny of insurance pricing practices.
AustraliaInsurance
Gilchrist Connell
Gilchrist Connell
Article

Workplace Investigations And Decision Makers: What Employers Can Learn From Totino v Metro Trains

The Full Court of the Federal Court has clarified critical procedural requirements for employers managing medical incapacity terminations and defending general protections claims. This landmark decision addresses when workplace relations advisers must give evidence in proceedings and whether show cause letters constitute unlawful threats under the Fair Work Act.
AustraliaEmployment and HR
Gilchrist Connell
Gilchrist Connell
Article

ASIC And APRA Corporate Plans 2026–27: What Regulated Entities Should Expect

APRA and ASIC have released their 2026–27 Corporate Plans, signalling more intensive supervision and enforcement, alongside targeted measures intended to reduce unnecessary regulatory burden. Their priorities span operational resilience, cyber security, artificial intelligence, consumer protection, insurance, superannuation, market integrity and digital assets. For regulated entities, the plans provide a practical roadmap of the areas most likely to attract supervisory attention, information requests and, where deficiencies are identified, enforcement action.
AustraliaCorporate/Commercial Law
Gilchrist Connell
Gilchrist Connell
Article

Costs Orders Against Owners Corporations: When Maintenance Failures Meet Special Circumstances

An NCAT decision demonstrates how chronic maintenance failures by owners corporations can result in substantial costs orders, even without damages awards. The case clarifies when lot owners can be quarantined from contributing to legal costs and establishes clear responsibilities for identifying and delineating repair obligations in strata schemes.
AustraliaReal Estate and Construction
Gilchrist Connell
Gilchrist Connell