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Privacy and Other Legislation Amendment Bill 2024

The Law Council of Australia provided a submission to the Senate Legal and Constitutional Affairs Legislation Committee to assist in its inquiry into the provisions of the Privacy and Other Legislation Amendment Bill 2024 (Cth).

The Law Council has long supported an holistic approach to privacy and data law reform that promotes, to the greatest extent, consistency and predictability in the relevant legislative frameworks. In this regard, the Law Council has repeatedly called for the Review of the Privacy Act 1988 (Cth) – and any subsequent reforms – to be advanced as a matter of priority, the Act being the primary and authoritative source of privacy law in Australia.

To best assist the Committee in its lamentably short inquiry timeframe, this submission does not seek to repeat the detailed policy considerations raised in the April 2023 submission to the Attorney-General’s Department to inform the Government Response to the Privacy Act Review Report.1 This submission largely focuses on technical drafting suggestions and opportunities to minimise the risk of unintended consequences arising in relation to various aspects of the Bill. For ease of reference, the key issues and corresponding recommendations are set out in the table below. More detailed commentary is provided in the remainder of the submission.

The Law Council supports the passage of the Bill, subject to the 18 recommendations mentioned in the submission and any supplementary submissions that may be made.

Read the full submission below.

1 Law Council of Australia, Government response to the Privacy Act Review Report (Submission to the Attorney-General’s Department, 13 April 2023).

Last Updated on 06/11/2024

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