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Grab a copy! Australian Institute of Company Directors publishes its 10th report into governance and performance in the not-for-profit sector

In 2010, the Australian Institute of Company Directors (AICD) launched the “not-for-profit governance and performance study” (originally called the “directors social impact study”). The study focused on key trends in the not for profit (NFP) sector and issues affecting NFP directors at that time. Ten years on, the AICD published its most recent findings in the latest edition of the study titled “the 2019 not-for-profit governance and performance study: 10 years on”. The report provides valuable insight into current challenges faced by the sector and its director counterparts.
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All the money in the world! Facebook agrees to pay USD $5 billion for breaches of privacy laws

In a landmark decision, the Federal Trade Commission (FTC), the US consumer regulator, has announced that Facebook has agreed to pay a USD $5 billion (AUD $7.1 billion) fine for deceiving its 80+ million users about the social medial giant’s ability to protect user’s personal information. The multibillion dollar fine is in addition to a $100 million settlement with the US Securities Exchange Commission (SEC).  
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No need for anonymity or suggestion boxes: NCAT finds complaint records are protected under the GIPA Act

In the matter of DQE v University of Sydney [2019] NSWCATAD 132, DQE (the Applicant) filed a complaint with the University of Sydney (Respondent) alleging he was bullied by an employee of the Respondent referred to as Mr A. The Respondent undertook a preliminary assessment of the complaint and found that there was insufficient evidence to support the allegations. The Applicant was informed of the outcome of the preliminary assessment and following that sought access to all records held by the Respondent in connection with the complaint under the Government Information (Public Access) Act 2009 (Cth) (GIPA Act).
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A snapshot of the notifiable data breach scheme over 12 months: trends, lessons learnt and hot tips

Malicious or criminal attacks continue to be the main sources of data breaches with 60% of breaches notified during the Period being attributable to such attacks. Notably, phishing and spear phishing were the most effective methods by which entities were compromised. Human error accounted for 35% of notified breaches and systems fault for 5% of notified breaches. 
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Educators beware: six year old applicant brings privacy complaint against preschool and obtains suppression orders.

A 6 year old girl made a complaint alleging that the private school she attended interfered with her privacy by inappropriately collecting and retaining videos and photos of her and her schoolwork; publishing or displaying images of her publicly; and not providing access to all personal information the school held about her.
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Say bye to 5 year grace periods

As a result of the Productivity Commission’s inquiry into Australia’s intellectual property arrangements, the initial grace period before someone can file a non-use application to remove a registered trade mark has been reduced from 5 years to 3 years.
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Update on the 2017-2018 Annual Report of the Foreign Investment Review Board

On 15 February 2019, the Treasurer presented the Foreign Investment Review Board’s Annual Report for 2017-18.
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How much do you like updating procurement policies? Hopefully a lot: Appeal mechanism to be introduced to Public Works and Procurement Act (NSW) any day now

The NSW Government has recently passed a bill that will give suppliers the power to challenge procurement decisions that are in breach, or potentially, in breach of an ‘enforceable procurement provision’ of the NSW Procurement Board.
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ACCC’s Plan to Tame Tech Giants

On 10 December 2018, the Australian Competition & Consumer Commission (‘ACCC’) released its proposals on how Australia should respond to the expanding grip of technology giants, like Facebook and Google, on the lives of everyday Australians.
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GIPA: The Role of Commercial Interests in Access Applications

Persons or organisations whose interests will be prejudiced by the disclosure of government information may object to that information being released.
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…If it quacks like a duck – Fair Work Commission rules on Foodora and employment relationships

A recent Seminar I presented, Dancing with the Gig economy – Risk, liability and responsibility in the modern workplace, drew the attention of insurers and business leaders to the inherent structural risks embedded in the emerging gig or share economy.
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“What are you doing with my taxes?” – GIPA and Government Transparency

Access Applications under the Government Information (Public Access) Act2009 (NSW) (‘GIPA Act’) are a common avenue for citizens to obtain government information. The Tribunal Appeal Panel (‘Appeal Panel’) recently illustrated that the public interest in maintaining transparency of government activities can be incredibly influential in determining whether to disclose government information. This was considered in Newcastle City Council v Newcastle East Residents Action Group Inc [2018] NSWCATAP 254.
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Procedural Fairness: What you plead v The “But I wanted to say something else” Excuse

Procedural fairness requires a court or tribunal to give each party an equal say. However, the New South Wales Civil and Administrative Tribunal Appeal Panel’s (‘Appeal Panel’) recent decision has taken an expansive view of what justice requires to allow a party to adequately plead its case. The Appeal Panel decided that a tribunal cannot give judgment in a matter if they could have reasonably expected a party to make further submissions.
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25 year old federal government documents protected under the national security exemption of the Freedom of Information Act

In the matter of Oz and Department of Defence (Freedom of Information) [2018] AICmr 49 (22 March 2018), Oz (the Applicant) sought access to documents created some 25 years ago.
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The dangers of exclusive dealing

Companies must assess the effect that their dealings have on the market and retreat from activities that could be construed as ‘substantially lessening competition’.

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