NSW drivers licences data breach – do you know who has your data and how are you managing third party contractors?
As recently reported in the tech press, tens of thousands of scanned NSW driver's licenses and other documents with additional identifying information were found on an open Amazon Web Services storage server. The documents appeared to be from September and October 2018.
They were found by a security consultant investigating a different breach. The breach is being investigated and Transport for NSW has said it is not the source of the breach.
This raises the issue of using third party contractors and outsourcing arrangements to collect, process and store sensitive information such as that on driver's licences, which can be used for identity theft. Unlike a credit card that can be cancelled, a NSW driver's licence number stays with you for life.
For those that collect this kind of information it is a reminder to ensure that information is stored in a secure location, and if the collection is being outsourced to a third party provider, ensuring that third party is also using secure storage.
Further, it is a reminder to destroy data once no longer required.
In the media
Legal stoush over South Korean company Kepco's
Bylong Valley coal mine project not over yet
Hearings in the NSW Land and Environment Court has seen
South Korean company Kepco attempt to have the decision to reject a
multi-million-dollar mining project in the NSW Bylong Valley
overturned. The IPC took a back seat in this week's proceedings
because they needed to remain impartial in case the judge rules
against the commission (29 August 2020).
More...
Over 54,000 scanned NSW driver's licences found in
open cloud storage
Tens of thousands of scanned NSW driver's licenses and
completed tolling notice statutory declarations were left exposed
on an open Amazon Web Services storage instance, but Transport for
NSW doesn't know how the sensitive personal data ended up in
the cloud (28 August 2020).
More...
ICAC finds former FACS officer corruptly obtained over
$1.67 million for own company
The NSW ICAC has found that a former headlease coordinator
for the then Department of Family and Community Services
(FACS) engaged in serious corrupt conduct by
authorising, or arranging authorisation, for over $1.67 million in
payments for work on properties leased for public housing to be
made to his own company (27 August 2020).
More...
Strong early results for landmark justice reforms
The first evaluation of the NSW Government's
sentencing reforms shows they are working as intended by giving
more offenders an opportunity to turn their lives around. Attorney
General and Minister for the Prevention of Domestic Violence Mark
Speakman said these reforms are a key component of the
government's strategy to drive down reoffending rates and
ensuring community safety remains paramount (27 August 2020).
More...
Identity crime and misuse in Australia, 2019
The estimated cost of identity crime in Australia in
2018–19 (including direct and indirect costs) was
$3.1b—17 percent more than in 2015–16. The Australian
Institute of Criminology (AIC) has released three
new statistical reports examining identity crime and misuse in
Australia (27 August 2020).
More...
HRLC: Laws to protect public interest journalism must be
strengthened
A long awaited report from a Parliamentary committee has
recognised the need for significant legal changes to protect public
interest journalism, however the recommendations don't go far
enough to ensure journalists are not sent to prison for doing their
job ( 27 August 2020).
More...
Law Council welcomes recommendations for sweeping
changes to media freedom laws
The Law Council of Australia has welcomed key
recommendations of the Parliamentary Joint Committee on
Intelligence and Security in its review of press freedom, including
the requirement for search warrants to be issued by senior judges
and contested by public interest advocates (27 August 2020).
More...
New data shows Australians want accountable AI
New research released by the Australian Human Rights
Commission shows 46% of people in Australia are not aware that the
government makes important decisions about them using artificial
intelligence (AI) (25 August 2020).
More...
In practice and courts
Regulation of litigation funding schemes
Amendments to the Corporations Regulations 2001 (Cth) took
effect on 22 August 2020, providing for the regulation of
litigation funding schemes as managed investment schemes. The Legal
Services Council has amended the Legal Profession Uniform General
Rules 2015 with effect from 22 August 2020 so the prohibitions in s
258(1) and (3) of the Legal Profession Uniform Law do not apply in
relation to litigation funding schemes now regulated as managed
investment schemes. The new rule will operate for 12 months to
allow for consultation. More...
NSW Bar Association: Submission to the NSW Parliamentary
Inquiry into the Reputational Impact on an Individual Being
Adversely Named in the ICAC's Investigations
The Association has made a submission to the Committee on
the Independent Commission Against Corruption's
inquiry into the reputational impact on an individual being
adversely named in the ICAC's. The submission considered
existing safeguards and remedies, and problematic aspects of an
exoneration protocol.
More...
District Court Practice Notes Civil No 1; Civil No 7 and
Criminal No 20 commencement dates
His Honour Justice Derek Price AO, the Chief Judge of the
District Court of NSW, has issued an updated District Court
Practice Notes
Civil No 1,
Civil No 7 and
Criminal Practice Note No 20, which have been Gazetted and
commence on Monday 31 August 2020.
BOSCAR: evaluation of NSW Government sentencing
reforms
The Bureau of Crime Statistics and Research
(BOCSAR) has released two reports in relation to
the NSW Government's sentencing reforms that commenced on 24
September 2018:
New South Wales sentencing reforms: results from a survey of
judicial officers
The impact of the 2018 NSW sentencing reforms on supervised
community orders and short-term prison sentences. (27 August
2020)
COVID-19: Information for Attending Court
The New South Wales Bar Association's
consolidated guide to COVID-19-related court arrangements
has again been updated in terms of recent developments.(14 August
2020).
Coronavirus (COVID-19): Current hearing arrangements to
continue at NCAT
NCAT has been conducting all stages of its hearings by
phone, audio visual link or on the papers since 30 March 2020.
These current arrangements will continue until at least the end of
August 2020.
More...
Reminder: 2020 Professional Standards Scheme
commences
The fourth New South Wales Bar Association Professional
Standards Scheme commenced on 1 July 2020 and will remain in effect
until 30 June 2025.
More...
ICAC: Reports
Investigation into the over-payment of public funds by
the University of Sydney for security services
(Operation Gerda)(27 August 2020).
More...
JUDCOM: Decisions reserved
The Court of Appeal maintains a list of matters before the
Court for which judgment is reserved. The list is updated weekly.
More...
Resumption of defended hearings in the Local Court of
NSW – information for solicitors
There are two cohorts of those matters: matters that were
listed for hearing from 23 March 2020 to 4 May 2020 and those
listed for 4 May – 31 July 2020 (as per
paragraph 12 of Memorandum 10). The Court is
endeavouring to ensure that as far as possible these defended
hearings proceed as defended hearings and are not the subject of
pleas of guilty on the day of hearing or of adjournments or delay.
More...
Published – articles, papers, reports
Identity crime and misuse in Australia 2019
Franks C & Smith R. Statistical Report no. 29.
Canberra: Australian Institute of Criminology: 27 August 2020
The 2019 survey of identity crime and misuse found 25 percent of
respondents had experienced misuse of their personal information at
some time in their lives, nearly 12 percent within the previous
year. More...
Sexual assault in Australia - in focus
Australian Institute of Health and Welfare: 28 August
2020
Sexual assault is a major health and welfare issue in Australia.
This report draws together a range of available data sources to
provide a national summary of the extent, nature and impact of
sexual assault. Data are presented separately for Australians aged
15 and over. More...
Biodata and biotechnology: opportunity and challenges
for Australia
John Mattick; Australian Strategic Policy Institute: 27
August 2020
This report canvasses the extraordinary recent developments in
genome sequencing and genetic engineering. There are resourcing,
privacy, vulnerabilities, sensitivities and national security
issues to consider, protections to be put in place, and social
licenses to be obtained. Big-data analysis skills need be
taught in science and engineering, and built into research
institutions as well as health, agricultural and environmental
management enterprises and agencies. More...
Review of the national action plan to combat human
trafficking and slavery 2015–19
Samantha Lyneham, Isabella Voce; Australian Institute of
Criminology: 25 August 2020
The Department of Home Affairs commissioned the Australian
Institute of Criminology to undertake this review of the National
Action Plan to Combat Human Trafficking and Slavery 2015–19.
More...
NSW and Commonwealth Government funding responses to the
COVID-19 pandemic
IB 03/2020 August 2020
Australian governments have announced extraordinary funding
measures in response to the global COVID-19 pandemic. The measures
have aimed to boost the health system, support the economy, and
assist households and vulnerable groups in the community. This
issues backgrounder outlines NSW Government funding measures.
More...
Cases
Palmer v State of Western Australia (No 3) [2020] FCA
1220
The Directions prohibit entry into Western Australia of
persons other than those defined as "exempt
travellers".
On 25 May 2020, the applicants, Clive Frederick Palmer and
Mineralogy Pty Ltd (the Palmer parties), commenced
proceedings in the High Court of Australia seeking a declaration
that the Emergency Management Act and/or the Directions are
invalid, in whole or in part, on the basis that they contravene s
92 of the Constitution.
Section 92 of the Constitution provides that, "trade,
commerce, and intercourse among the States...shall be absolutely
free".
PRACTICE AND PROCEDURE – issue remitted from High Court of
Australia – whether intervener requires leave to withdraw
– leave to withdraw not required – whether respondents
would be prejudiced by withdrawal – where respondents seek
rehearing of evidence – rehearing refused
Constitution s 92; Judiciary Act 1903 (Cth) ss 44 and 78A
DQF v Information and Privacy
Commission [2020] NSWCATAD
209
ADMINISTRATIVE REVIEW - privacy - complaint by person
aggrieved - use of personal information by public sector agency -
internal review of conduct by public sector agency - review of
conduct by the Tribunal - jurisdiction of Tribunal on review -
orders available on review - no order made
BWY v Secretary, Department of
Education [2020] NSWCATAD
208
ADMINISTRATIVE LAW — Personal information —
whether used or disclosed – whether held by an agency –
whether used or disclosed otherwise than in good faith
Wojciechowska v Commissioner of
Police [2020] NSWCATAP
173
GOVERNMENT INFORMATION — onus — application of
s 105 of the Government Information (Public Access) Act 2009 (NSW)
— whether applicant bears a "practical onus" to
establish that requested information exists and is held by the
agency ADMINISTRATIVE REVIEW — whether Tribunal has power to
review a decision that is not the subject of an application for
administrative review made under s 100 of the Government
Information (Public Access) Act — whether parties can confer
jurisdiction on the Tribunal by consent PROCEDURAL FAIRNESS —
apprehended bias — bias by association — whether
Member's previous association with a party's legal
representative gives rise to a reasonable apprehension of bias
PROCEDURAL FAIRNESS — apprehended bias — bias by
conduct — whether Member's conduct in hearing gives rise
to a reasonable apprehension of bias PROCEDURAL FAIRNESS —
hearing rule — whether by permitting party to amend documents
the Tribunal failed to give a party a reasonable opportunity to be
heard
Price v Commissioner for Fair
Trading [2020] NSWCATOD
93
ADMINISTRATIVE LAW – administrative review –
licensing – whether Applicant meets requirements for Issue of
builders licence - application of Instrument as policy –
experience requirements not met – not unfair or unjust to
apply policy
South Eastern Sydney Local Health District v
Lazarus [2020] NSWCA
183
ADMINISTRATIVE LAW – Judicial review – jurisdictional
error – whether primary judge erred in holding that District
Court did not have jurisdiction to make directions for compensation
pursuant to s 97(1) of the Victims Rights and Compensation Act 2013
(NSW) in circumstances where defendant originally convicted in
Local Court – whether District Court had jurisdiction to make
a compensation order when it was not the court which convicted the
offender but which "confirmed" convictions on appeal.
GAR v Attorney General for the State of New South
Wales (No. 3) [2020] NSWCA
179
ADMINISTRATIVE LAW — Jurisdictional error –
Application for an inquiry into conviction – Whether primary
judge who refused to consider or otherwise deal further the
application in accordance with s 79(3)(a) of the Crimes (Appeal and
Review) Act 2001 fell into jurisdictional error – Whether
material presented on the application had been considered in
previous applications for an inquiry – Nature of the
discretion under s 79(3)
Doueihi v State of New South
Wales [2020] NSWSC
1065
CIVIL PROCEDURE - pleadings – claim for tort of
misfeasance in public office – claim in respect of actions of
police officers – claim against State of New South Wales on
the basis of vicarious liability - whether the further amended
statement of claim adequately pleads the cause of action - where
plaintiff fails to identify the officers involved, invalid acts
they committed or damage suffered – whether the defendant is
vicariously liable - Law Reform (Vicarious Liability) Act 1983
(NSW) – pleading struck out – whether plaintiff should
be permitted to re-plead – third iteration of the statement
of claim but first one where plaintiff legally represented - where
associated claim in trespass is unchallenged - leave given to the
plaintiff to re-plead
Legislation
NSW
Regulations and other miscellaneous instruments
Building and Construction Industry Security of Payment Regulation
2020
(2020-504) — published LW 28 August 2020
Industrial Relations (General) Regulation 2020
(2020-509) — published LW 28 August 2020
Public Holidays Amendment (COVID-19 Revocations) Order (No 3)
2020
(2020-503) — published LW 26 August 2020
Justices of the Peace Regulation 2020
(2020-489) — published LW 21 August 2020
Legal Profession Uniform General Amendment (Litigation Funding
Schemes) Rule 2020
(2020-490) — published LW 21 August 2020
Relationships Register Regulation 2020
(2020-494) — published LW 21 August 2020
Subordinate Legislation (Postponement of Repeal) Order (No 2)
2020
(2020-496) — published LW 21 August 2020
Bills passed by both Houses of Parliament – 28 August 2020
Casino Control Amendment (Inquiries) Bill 2020
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.