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Are you at legal risk? Changes to the Privacy Act: 22 February 2018
Post by Madeleen Rousseau | Posted 7 years ago on Monday, January 15th, 2018

From 22 February 2018 your business has a statutory obligation to report a data breach involving personal information to the Australian Information Commissioner. If this is not handled correctly your business could be at serious risk.

Who is subject to the Privacy Act?

All businesses and not-for-profit organisations with an annual turnover of more than $3 million are subject to the Privacy Act 1988 (Privacy Act).

If you do not comply with the provisions of the Privacy Act as far as collection, use, storage and disclosure are concerned or if correct procedures are not followed then you could be the subject of an investigation by the Commissioner and could face civil penalties for individuals up to $360,000 and up to $1,800.000 for companies. In addition the reputational risk to your organisation could be significant.

You need to ensure that you/your business has an up-to-date privacy policy which is visible and available at all times including on your website, that your key documentation (contracts and notices) is in order and that you have processes in place (including a data breach response plan) to ensure that you comply with Australia’s privacy legislation.

We urge you to assess how you and your business are handling and protecting your clients’ personal information.

Please contact us for a review of your privacy policy and procedures to ensure that you comply with your statutory obligations prior to 22 February 2018.

Madeleen Rousseau – madeleen.rousseau@whlaw.com.au

Amy Knight – amy.knight@whlaw.com.au

 

This article is general information only, at the date it is posted.  It is not, and should not be relied upon as, legal advice.  This article might not be updated over time and therefore may not reflect changes to the law.  Please feel free to contact us for legal advice that is specific to your situation.

June Burton

Paralegal

Diploma of Financial Services (Conveyancing)

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EXPERIENCE

June is a senior Paralegal who also manages our Geraldton office. She has worked in local law firms for her whole working life. She has extensive experience in estates, wills and property related matters and a general knowledge of other areas of law. 

Our clients appreciate June’s practical, common sense approach and her ability to communicate in an open and friendly manner. Families in distress particularly appreciate her ability to formulate a workable plan and break things down into manageable steps.

June also offers executors and administrators with practical assistance in general administration of estates, including:

  • making superannuation claims.
  • closing bank accounts.
  • arranging sale or transfer of shares and property.
  • distribution to beneficiaries.

June has experience in resolving historical property title issues, including complex chains of conveyancing. She also handles residential and farming settlements for our Geraldton office.

As a volunteer member of the Geraldton-Greenough State Emergency Service for 12 years, June was actively involved in a wide range of operations in the field. She also held various leadership, training and management roles (including as acting local manager)

When not at work, June enjoys any activity that takes her outside, particularly gardening, walking, cycling and kayaking. 

Amy Knight

Principal

LLB (Dist), BCom

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EXPERIENCE

Amy practices in general commercial and corporate law with a focus on property, business and share acquisitions and disposals.

Amy has a particular interest in property law and is routinely involved in all aspects of property transactions including legal due diligence, acquisitions and disposals, financing, leases, subdivisions, strata titles, transfer duty advice and conveyancing.

On the corporate side, Amy has acted on buy, sell and financier sides of company and business acquisitions and disposals.

Amy is based in our West Perth Office.

Amy’s recent experience includes:

  • Due diligence, contract negotiation and settlement of the acquisition of multi-lot properties exceeding $30m;
  • Acquisition and funding (via convertible notes and security trust) of farming properties exceeding $25m; 
  • Negotiation and settlement of the disposal of securities to a multinational group exceeding $20m;
  • Subdivision and sale of semi-rural development site exceeding 100 lots;
  • Acquisition and disposal of a number of vineyards in the Margaret River region.

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