Cyberspace Law and Policy Series 2003
Privacy Complaints: How to Get a Win for Your Client
(Making Privacy Laws Work)
Thursday 4 December 2003 Morning
Grace Hotel, Sydney
Booking form and pamphlet [PDF]
About the conference
Object: To enable participants to gain an overview of privacy law and practice in Australia, and to offer a practical guide to making successful complaints or claims on behalf of people who have suffered loss and damage as a result of breach of their statutory or common law rights to privacy.
It looks at procedures and principles in the federal (Office of the Federal Privacy Commissioner), NSW (Privacy Commissioner and Administrative Tribunal) and common law jurisdictions (including the recent Queensland case recognising a common law action). As well as advice from Commission staff, there is also informed commentary about practice and procedure from some of Australia's leading privacy advocates and academics.
An eminent group of Australia's leading privacy regulators and advocates will set out the key issues and procedural factors in achieving a successful outcome, including damages or financial compensation, for breach of privacy.
MCLE Units: Half day 3 units.
9:00 am Introduction from co-chair, Prof Graham Greenleaf, co-director of the Centre
9:10 am Successful complaints to the Federal Privacy Commissioner
Chris Cowper, Complaints manager from the Office of the Federal Privacy Commissioner
Preparing and pursuing a complaint in the Federal jurisdiction, including remedies available.
- Overview of privacy complaints - numbers, trends, issues
- Current complaints process, and improving practice
- Recent cases and risk areas emerging for organisations
9:45 Successful privacy complaints in NSW
Siobhan Jenner, Senior Compliance and Investigations Officer, Privacy NSW
Practical, legal and procedural issues involved in the NSW jurisdiction.
10:20 Pitfalls in the complaints process: an advocate's perspective
Graham Greenleaf, Professor of Law, UNSW Faculty of Law
Issues and limitations identified by advocates in Federal and State complaints processes.
10:40 Making privacy laws work - panel discussion
A vigorous expert discussion of issues raised in the first sessions, chaired by former Deputy Privacy Commissioner Nigel Waters.
11:10 Morning Tea
11:35 Representative privacy complaints and class actions
Chris Connolly, Director, Financial Services Consumer Policy Centre, UNSW
There is a growing trend to pursue privacy breaches through representative organisations, or as a part of a class of affected persons. This looks at the benefits of representative complaints, recent Australian and international case studies, tactics and procedural issues.
12:20 If all else fails: Common law, breach of confidence and s.98 injunctions
Tim Dixon, Privacy Consultant, Baker and McKenzie
Using other legal procedures to pursue privacy complaints, including the recent Queensland District Court judgement, actions for breach of confidence, and s.98 injunctions in the Federal Court.
12:45 pm Close
Date: Thursday 4 December 2003, Morning
Venue: Grace Hotel, 77 York Street (corner King Street) Sydney
Half Day - $352.00. GST Inclusive. (To be confirmed.)
Course fees include tuition, materials, and refreshments.
** Specials **
Postgraduate or undergraduate students, the unemployed, and community legal centre staff are eligible for a 25% discount on the normal fee charged for attending the event. Please indicate on the forms or during registration your status, and attach documentation.
Payment options accepted include Mastercard, Visa and Bankcard & Cheques to be made out to CLE.
This is one of four short events over two days. You can registerfor one or more of these as CLE using one of the following 3 options:-
Download and print the Registration form [PDF], fill out the relevant details and send it into CLE.
Please address the mail to:
Faculty of Law, UNSW
Sydney NSW 2052
Or fax to (02) 9385 1155. (Note new fax number - the one on the printed form is incorrect.)
Send an email to CLE (cle [at] unsw.edu.au), and include in the subject line 'Privacy Complaints'.
Please include the following details in the body of the email:
- Title and Name
- Payment details
- Type of Credit Card <Mastercard, Visa or Bankcard>
- Card Number
- Expiry Date
- Cardholder's name
Call Robyn or Lisa at NSW CLE office on (02) 9385 2267 or (02) 9385 2195 and book by phone.
NB: For queries about the event's content, contact David on (02) 9385 3589 or Bridget on (02) 9385 3777.
NB: For queries about enrolment in the LAWS 5238 postgraduate course which includes these four conferences, see the course page and Kerrie Daley.
About CLE – The CLE programme is an important link between the Law School at UNSW and the professional community. The programme consists of a series of quality short courses assisting lawyers, accountants, financial planners, executives and other professionals whose work demands up-to-date knowledge of, and skills in, the relevant areas.
Mandatory CLE Units – NSW solicitors who find any of our programmes relevant to their immediate or long term needs in relation to their professional development and practice of law may claim MCLE units for their attendance at the seminars.
Postgraduate Credit - this conference can be combined with three others and a research essay to form part of LAWS 5238 a postgraduate elective course worth 4 units. See the Course page.
About the Cyberspace Law and Policy Centre - The centre, established within the Faculty of Law at UNSW, provides a focus for research, public interest advocacy and education on issues of law and policy concerning digital transactions in cyberspace. Baker & McKenzie (http://www.bakernet.com) are the founding supporters of the Centre.
About the Cyberspace Law and Policy Series - The Centre is hosting a series of events examining the public interest in cyberspace legal and policy issues, and some practical workshops on related legal procedure. The series includes both Continuning Legal Education conferences and workshops, and Symposia which bring together policy makers and legal and technical experts for round table discussions.