Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 30 SEPTEMBER 2024

The developing privacy landscape: proposed changes to Commonwealth privacy legislation are afoot!

Carroll & O'Dea
Explore more from Carroll & O'Dea

Organisations should be aware of proposed changes to Commonwealth privacy legislation.

AustraliaPrivacy
Selwyn Black
Selwyn Black
Patricia Monemvasitis
Patricia Monemvasitis
Yue Lucy Han
Yue Lucy Han
Samuel Chu
Samuel Chu
Author LinkedIn connections

Your business, educational institution, charity or other community organisation should be aware of proposed changes to Commonwealth privacy legislation that were introduced into the Commonwealth Parliament in September 2024. If these proposed changes are implemented by the Commonwealth Parliament, they could affect how your organisation should manage privacy risks that it may face on a day-to-day basis.

It is important for you to take action now to prepare your organisation (especially if you are using artificial intelligence solutions), to proactively address the developing privacy obligations.

On 12 September 2024, the Commonwealth Government introduced the Privacy and Other Legislation Amendment Bill 2024 into the Commonwealth Parliament. Relevantly, this Bill proposes a number of key changes to Commonwealth privacy legislation (that is, the Privacy Act 1988 (Cth)) – including:

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

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

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

Transparency In Automated Decision-Making: What The OAIC Guidance Means For Your Business

Australia's privacy regulator has issued final guidance on new transparency obligations for automated decision-making systems. From December 2026, organisations using computer programs—including AI, algorithms, and everyday software—to make or inform significant decisions about individuals must disclose these practices in their privacy policies. The guidance reveals a broader compliance burden than many expect, particularly for businesses using automated tools across recruitment, pricing, credit
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

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

Injured While Working As A Delivery Driver? New Protections For Gig Workers.

New minimum standards effective from 17 August 2026 introduce personal accident insurance requirements for delivery drivers and riders working through digital platforms like Uber Eats and Deliveroo. These protections address a critical gap for gig economy workers who, as independent contractors, have historically fallen outside traditional workers compensation schemes when injured on the job.
AustraliaEmployment and HR
Carroll & O'Dea
Carroll & O'Dea
Article

Long Service Entitlements In NSW

After five years of continuous service in New South Wales, employees may qualify for pro rata long service leave payments under specific circumstances—even before reaching the standard 10-year threshold. Understanding when these entitlements arise, particularly in cases of illness, incapacity, or pressing necessity, can significantly impact both employees facing career transitions and employers managing termination obligations.
AustraliaEmployment and HR
Carroll & O'Dea
Carroll & O'Dea
Article

Case Note On Australian Capital Territory (Represented By ACT Education Directorate) v Jack Gibson [2026] FWCFB 110

Mr Gibson was employed as a teacher in an ACT high school from January 2023 until his dismissal on 30 August 2024. It was alleged that he initiated and engaged in extensive ongoing electronic communications with female students on social media, drove students to and from non-school related sporting events, and took a photo of students (who were clothed) in an ice bath.
AustraliaEmployment and HR
Carroll & O'Dea
Carroll & O'Dea
Article

The Scope Of A School’s Duty Of Care Revisited

An 11-year-old student suffered a back injury during a long jump trial at a school athletics carnival, leading to a significant Court of Appeal decision that clarifies schools' duty of care obligations. The case examines whether basic safety measures like adequate sand depth and regular pit maintenance constitute reasonable precautions that schools must take to protect students during sporting activities.
AustraliaConsumer Protection
Carroll & O'Dea
Carroll & O'Dea
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

2026 Tour De France: Anti-Doping Polices And Enforcement In The Spotlight

The 2026 Tour de France sparked unprecedented controversy when top competitors Jonas Vingegaard and Tadej Pogacar underwent overnight anti-doping tests on the eve of a crucial stage, raising questions about testing protocols and athlete rights. Following Vingegaard's race-ending crash the next day, the cycling world debated whether the disruptive testing procedures violated established standards and contributed to the incident. This examination explores the complex hierarchy of anti-doping authority, the le
FranceMedia, Telecoms, IT, Entertainment
Carroll & O'Dea
Carroll & O'Dea
Article

Can I Return To Work While I Am Receiving Workers Compensation Benefits?

Injured workers in New South Wales often wonder whether they can continue receiving workers compensation benefits while returning to their job. The workers compensation scheme actively encourages safe return to work where medically appropriate, but the process involves careful management of medical certificates, suitable duties, injury management plans, and rehabilitation providers to ensure both recovery and proper benefit calculations.
AustraliaEmployment and HR
Carroll & O'Dea
Carroll & O'Dea