Wotton + Kearney

This weekend, our W+K team is headed to Gulmerrogin, the Traditional Place name of Darwin, to kick off the 6-day Top End Challenge in support of our charity partner, the Indigenous Literacy Foundation. From there, Heidi Anderson, Hope Saloustros, Stan Tsaridis, Shih Lene Jee, Ollie van der Zee and Sara Villanueva will journey 320 km south to Katherine, immersing themselves in the region’s rich cultural heritage and gaining a deeper appreciation for the ILF’s vital work in Australia’s Top End. Collectively, the team have raised over $10,500—so far! These funds will help the ILF to publish a book, “Purraputumali Nginya-amini—Tiwi War Hero”, written by Community in the Tiwi Islands. It’s important that Aboriginal and Torres Strait Islander children can see themselves, their culture, and their languages reflected in the books they read. Having books that share local stories in First Languages makes all the difference and preserves and maintains Indigenous languages and culture, as well as strengthens a sense of belonging, confidence and well-being. You can support the team, and help bring this book to life, by making a donation here: https://lnkd.in/gX5y-DmU Go team! We can’t wait to hear all about your adventure! Find out more about the Top End Challenge here: https://lnkd.in/g5vCsBv6 #topendchallenge #indigenousliteracyfoundation

A first tranche of reforms to the Privacy Act 1988 (Cth) was published yesterday. The Privacy and Other Legislation Amendment Bill 2024 seeks to implement 23 reforms that were “agreed-to” in the Government’s response to the Privacy Act Review Report. These proposed amendments, once in force, will see a strengthening in privacy obligations on APP entities and broader powers granted to the Office of the Information Commissioner (OAIC). The most notable of these amendments include: – Updating APP11: to clarify that reasonable steps to protect information includes taking technical and organisational measures. – Overseas data flows: introducing a mechanism in APP8 providing for the lawful disclosure of personal information to an overseas recipient where such recipient is subject to the laws of a country or binding scheme which provides substantially similar protection to the APPs. – Automated decisions: amending APP1 to also require entities to include information in privacy policies about automated decisions that significantly affect the rights or interests of an individual. – Broader enforcement options: including the ability of the OAIC to impose civil penalties depending on the level of seriousness of the privacy breach, empowering the OAIC to use general investigation and monitoring powers, expanding the powers of the Federal Court and Federal Circuit and Family Court in civil proceedings, and empowering the Information Commissioner to conduct public inquiries. – Statutory tort for serious invasions of privacy: introducing a cause of action, defences, remedies and exemptions for serious invasions of privacy. – Criminal offences for doxing: introducing a new offence for doxing (i.e. the intentional and malicious exposure of personal data using a carriage service in a manner that is menacing or harassing). We expect the second tranche of privacy reforms (likely to be released in 2025) will address the more fundamental reforms that were expected, such as a positive obligation that personal information handling is fair and reasonable, the end of the small business exemption, and an updated definition of personal information. If you would like to discuss any of these amendments, get in touch with our privacy experts Kieran Doyle, Nicole Gabryk and Rakhee Dullabh (Bhikha). View the Privacy Bill: https://lnkd.in/g4irbfhi

It was a pleasure to see our insurance industry colleagues this week at the Underwriting Agencies Council (UAC) 2024 Adelaide Market Exchange. Thank you to everyone who stopped by our stand and spoke to our W+K team, led by partners Cheryl Phillips and Bill Conor and Agency Business Lead Joshua Box. We look forward to seeing you in Perth! #UACMX #UACexpo #underwritingexpo

AHPRA has recently released new guidelines to help health practitioners understand how their existing responsibilities under the National Boards’ codes of conduct apply to the use of AI. W+K’s Head of Health Chris Spain and law graduate Lily Goldsmith explain what this new regulatory landscape looks like. Read more: https://lnkd.in/d9_T8MWg

A huge congratulations to our very own Eliza Sinclair for taking out the 2024 Ron Shorter Award – we couldn’t be more proud! Congratulations also to the other finalists, whose extremely engaging presentations have raised the bar with the judging panel commenting that this year has seen the highest calibre of competition in the award’s twelve-year history! Thank you to the judges, everyone who showed their support in-person and virtually, and Australian Insurance Law Association for making the night a success. If you’re attending the AILA National Conference tomorrow, be sure to catch Eliza’s winning presentation at 3:30pm.

Join W+K’s cyber and class actions experts next week for a deep dive into the current litigation and claims landscape arising after data breaches and cyber incidents, and how these claims will develop into the future with third party litigation on the horizon. Head of Cyber + Technology Kieran Doyle, partner Nicole Gabryk, Head of Class Actions Amanda Beattie and special counsel Gavin Davies will dispel some common myths surrounding cyber litigation, with a focus on data breach class actions, current OAIC litigation, the ongoing debate over legal privilege over forensic reports, and the merits and pitfalls of injunctions after data breaches. — Date: Wednesday, 18 September 2024 Time: 12pm – 1pm AEST Location: webinar Register here: https://lnkd.in/gARs_ie7

Can legal technology revolutionise access to justice for individuals and communities? What are the human rights implications of neurotechnology and AI? W+K pro bono partner Leanne Ho will be unpacking these questions and delving into the new frontiers in law, technology and social justice as part of UTS Faculty of Law’s Tech + Social Justice Week. Leanne will be joined by industry experts Sophie Farthing, UTS Human Technology Institute, Vasili Maroulis, Marrickville Legal Centre, emerging technology policy researcher Linda Przhedetsky and session chair Professor Penny Crofts for what is sure to be an insightful panel discussion. — Date: Thursday, 12 September 2024 Time: 5:30pm – 8pm Location: UTS Startups, Building 15 Register here: https://lnkd.in/dXsNHpnY

The W+K New Zealand team had the pleasure of hosting our clients in Christchurch | Ōtautahi ahead of the 2024 New Zealand Insurance Law Association (NZILA) Conference last week. We kicked things off with a tour of the Christ Church Cathedral, where the restoration work offered a unique glimpse into the city’s history and resilience. Afterwards, we enjoyed a relaxed lunch, which was the perfect setting to catch up with everyone. It was great to reconnect, share ideas, and discuss the latest developments with fellow industry peers and colleagues. The day also marked our one-year anniversary of opening our W+K Christchurch office. A huge thank you to everyone who joined us on the day, and Laura Glasson for planning the event (in addition to doing her day job!). Bring on NZILA 2025! #NZILA2024 #insurancelaw #networking #christchurch

W+K’s Adelaide team is back for another year at the Underwriting Agencies Council (UAC) 2024 Adelaide Market Exchange and we’re excited to connect with local brokers and the underwriting agencies exhibiting alongside us. Come say hello this Wednesday to our Agency Business Lead Joshua Box and our Adelaide team led by Cheryl Phillips and Bill Conor to learn more about how our insurance specialists can work with you across all major commercial insurance classes. #UACMX #UACexpo #underwritingexpo

The Australian Government (via the Department of Industry, Science and Resources) published its proposals paper on 5 September for introducing mandatory guardrails for AI in high-risk settings – all in an effort to have safe and responsible AI in Australia. This interim response seeks to obtain the public’s views on 10 proposed guardrails, how to define high-risk AI, and the regulatory options for mandating the guardrails. Consultations are currently open until 4 October and submissions can be made here: https://lnkd.in/gbGJ4N4U On the same day, a Voluntary AI Safety Standard was also published with immediate effect to help organisations develop and deploy AI systems safely and reliably in Australia. This voluntary standard seeks to provide practical guidance to Australian organisations by providing 10 voluntary guardrails (the same set out in the proposals paper), which have been developed in line with current and evolving legal and regulatory obligations and public expectations. In Australia, the development and use of AI is regulated by consumer, privacy, anti-discrimination, data protection, competition and copyright laws. These developments are in an effort to bridge the gap in regulation and establish trust in the use of AI. For more information, get in touch with Kieran Doyle, Nicole Gabryk or Rakhee Dullabh (Bhikha). — View the proposals paper: https://lnkd.in/dpG4nruA View the Voluntary AI Safety Standard: https://lnkd.in/g9E4wwSQ