CPD Programs

The conference will be chaired by:

Matthew Peckham, Barrister, Victorian Bar

Preparing for ASIC Investigations and Examinations 

Preparing documents, witnesses and the client can be particularly tricky when a client is facing potential regulatory penalties or worse.

This session will outline the key steps and matters to take into account  when preparing for these often stressful proceedings.

Presented by: David Grant, Partner, Logie-Smith Lanyon Lawyers - Recommended Commercial Litigation & Dispute Resolution Lawyer, and Insolvency & Restructuring Lawyer, Doyles Guide 2018 / 2019

Cooperation and Mitigation 

Recent high profile cases show that early negotiation and willingness to cooperate can mitigate the outcome of a regulatory investigation and legal action.  A Court may take account of issues such as early cooperation even if the regulator hasn’t.

This session will focus on advising a client how to best deal with investigations in order to secure a better outcome with regulators, or in court, should the matter proceed to hearing.

Presented by: Lucinda Hill, Counsel, Ashurst

and

James Clarke, Partner, Ashurst

Privilege, Waiver and Confidential Information

This session will address latest cases dealing with the risks associated with the provision of confidential information to a regulator.  What are the factors to weigh up when advising a client in relation to the provision of information.

Presented by: Jacob Uljans, Partner, Hall & Wilcox

Regulatory Investigations and Self-Incrimination 

This session will focus on the tips and pitfalls around claiming privilege against self-incrimination in regulatory enquiries.

Presented by: Kieran Hickie, Barrister, Victorian Bar

Challenges, Trends and Issues Facing FOI and Privacy Practitioners 2020 - Hear from the Panel 

Our panel will discuss the current issues facing practitioners including:

• Potential Tougher Penalties under the Privacy Act 1988;

• New Powers for the OAIC;

• What’s Working and What’s Not Working Under OVIC;

• Changes To OVIC Procedures; 

• The European Union’s General Data Protection Regulation (GDPR);

• 'Face App' - Is there cause for concern?

Presented by: Sven Bluemmel, Victorian Information Commissioner

Professional Standards and the Freedom of Information Act 1982 (Vic) 

The Information Commissioner has now developed Professional Standards (a Legislative Instrument) that cover the conduct of agencies coming under the FOI Act, and how they operate under the Act. The Information Commissioner has published 33 draft Standards with a view to being finalised and commencing in late 2019.

This session will outline the final version of the Professional Standards and provide a key update on the impact these Standards will have on Government agencies.

Presented by: Joanne Kummrow, Public Access Deputy Commissioner, Office of the Victorian Information Commissioner

Part II Information Statements 

This session will cover  the drafting, reviewing or updating of your Part II Information Statement to ensure their compliance which is now more important than ever in anticipation of the Professional Standards.

This session will provide essential drafting guidance to ensure compliance.

Processing an FOI Request – How To and Practical Application 

This session will cover procedures and issues to consider in initial processing stages of an FOI request (both personal and non-personal), including its validity, applicable statutory timeframes, obligations to consult and inform, urgency and notifying parties of a decision.

Issues such as ‘voluminous’ and ‘unclear’ applications and agency obligations to consult and inform will also be covered.

Exemptions - Personal and Non-Personal 

This session will cover personal application exemptions, including personal affairs and communications in confidence, as well as non-personal application exemptions such as privileged and internal working documents.

Our presenter will outline whether and how these should be applied, including reference to Section 25 of the Freedom of Information Act (1982) (Vic).

This session will also highlight the less obvious exemptions such as Cabinet documents, documents affecting legal proceedings and law enforcement documents.

Our presenter will also discuss the subtle nuances and factors to weigh up when making decisions in this area.

FOI and Privacy - Recent Significant Decisions 

This session will highlight recent significant cases relevant to FOI and Privacy practitioners so you can be confident you are up to date with the latest! This session will cover cases including issues such as:

• CCTV and FOI Requests

• Privacy Law impact on Employment issues including employer right to collect sensitive employee data, duty to protect data and Biometric Data.

Public Interest Test and FOI Requests 

This session will provide guidance on:

• Understanding and interpreting the public interest test when considering FOI requests;

• How to determine the proper decision in ambiguous or nuanced situations; and

• Impact of unfavourable information having to be released.

Data De-identification and Privacy - A How To Guide and Risks 

De-identification can allow entities to share information which would otherwise not be permitted under the Privacy Principles. This session will provide an overview of the de-identification process with respect to organisations that collect and retain personal data. 

Presented by: Melanie Olynyk, Partner, Maddocks