The Australian Information Commissioner has commenced civil penalty proceedings against Australian Clinical Labs Limited in the Federal Court

November 20, 2023

After coming off some serious questioning in Senate Estimates about poor enforcement practices the Commissioner announced on 3 November 2023 that the Office of the Information Commissioner has launched proceedings against Australian Clinical Labs on 2 November 2023 (file number NSD1287/2023). The Commissioner has filed a Concise Statement and Originating Application and Australian Clinical Labs Limited has filed a Notice of Address for service. The Commissioner is represented by DLA Piper, out of its Brisbane Office.  Previously the Commissioner has been represented by HWL Ebsworth.  Gilbert & Tobin, out of its Sydney Office, is representing Australian Clinical Labs.  GIlbert & Tobin represented RI Advice in the Federal Court case of  Australian Securities and Investments Commission v RI Advice Group Pty Ltd [2022] FCA 496. That case has been heralded as a positive development in enforcing data security as an obligation of Financial Service Licensees under the Corporations Act 2001, being 912A.  While R I Advice was the subject of compliance orders and penalties it is fair to say that Gilbert & Tobin did a good job in keeping the stringency of the orders and penalty to a moderate level.  Compared to overseas penalties by the European regulators, the UK Information Commissioner’s Office and Read the rest of this entry »

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