NSW is set to become the first state or territory in Australia to have a mandatory notification scheme for its government agencies to respond to breaches of NSW citizens’ personal data.
Attorney General Mark Speakman said the Privacy and Personal Information Protection Amendment Bill 2022, introduced by the NSW Government into Parliament, would create new standards of accountability and transparency for government bodies and introduce a mandatory notification of data breach scheme in NSW.
“Every day, the people of NSW offer their personal information to government agencies, which is a significant undertaking of trust,” Mr Speakman said.
“In doing so, they enable the government to provide them with quality, connected services, and the information required to continually improve these services to best meet their needs.
“In return, the government has a responsibility to effectively and proactively protect and respect that personal information.
“Once passed, this new law will provide consistency across public sector agencies by making it mandatory for public sector agencies to notify the Privacy Commissioner and those impacted by a data breach involving personal information which is likely to result in serious harm.
“Agencies will also have to satisfy a number of data management requirements, including making reasonable attempts to mitigate the harm done by a data breach, maintaining an internal data breach incident register, and have a publicly accessible data breach policy.”
Minister for Customer Service and Digital Government Victor Dominello said the NSW Government has taken a number of steps to protect customer privacy and personal information.
“The protection of people’s privacy is crucial to ensure public confidence in NSW Government agencies. It is imperative that the highest standards of privacy and security prevail to safeguard data,” Mr Dominello said.
“The NSW Government has made significant investments to protect citizens’ data, including funding $315 million to bolster our cyber systems and by launching ID Support NSW to help those impacted by identify theft.
“The bill will provide greater certainty for the public and government agencies regarding personal information and the steps required if a data breach occurs.
“A mandatory notification scheme also ensures that the ability for an affected citizen to take their own protective action is a primary consideration in any data breach response.”
The Scheme would apply to all NSW ‘public sector agencies’ as defined in the Privacy and Personal Information Protection Act 1998, including all NSW agencies and departments, statutory authorities, local councils, bodies whose accounts are subject to the Auditor General and some universities.
The bill will also expand the Privacy and Personal Information Protection Act 1998, including the new Scheme, to cover all NSW state-owned corporations not subject to Commonwealth privacy laws.
Month: November 2022
Record funding for public libraries continues
NSW residents will benefit from improved access to books and information with more than $165 million to be invested into public libraries over the next four years.
Treasurer Matt Kean said the ongoing record levels of funding enables public libraries, especially those in regional areas, to better meet the changing and diverse needs of their communities.
“In 2018, this Government delivered the largest increase to public library funding since the Library Act was established in 1939,” Mr Kean said.
“Today’s announcement demonstrates the Government’s ongoing commitment to public libraries and the extraordinary work they do to serve their communities. As part of the ongoing increase in funding, money provided to councils to support public libraries will be indexed to meet population growth.”
The annual funding package includes $30 million to councils to improve collections and services, a $6 million capital grants program, $2 million in Internet connectivity support and a range of targeted programs such as the Outback Letterbox Library, which is operated by Broken Hill City Library.
Minister for the Arts Ben Franklin said he is particularly pleased the record increases to annual subsidy payments will continue and an ongoing capital grants program will be maintained as part of the package.
“Libraries are a place to go to learn as well as a place to meet, providing a source of delight, education, entertainment and information,” Mr Franklin said.
“This funding ensures all councils will continue to have access to funds for library extensions, renovations and improvements, whether they are in the cities or the regions.”
State Librarian John Vallance welcomed the news on behalf of NSW’s 364 public libraries.
“This announcement provides certainty for councils and enables them to plan ahead and to keep improving their collections, library buildings and spaces,” Mr Vallance said.
“The State Library works closely with all NSW local councils and their libraries, and we know this funding is critical to supporting free access to books and information for every citizen of NSW.”
Public library funding is administered by the State Library of NSW on behalf of the NSW Government.
ADDRESSING STRATEGIC, ECONOMIC AND CLIMATE CHALLENGES WITH WORLD LEADERS
Prime Minister Anthony Albanese will join world leaders at premier international and regional summits in Cambodia, Indonesia and Thailand from 11–19 November.
The Prime Minister will meet with counterparts at the East Asia, ASEAN, G20 and APEC Summits to discuss the most pressing strategic, economic and climate challenges facing the region and world.
The Prime Minister will travel to Phnom Penh from 11–14 November to attend the East Asia Summit, the region’s premier leader led forum for strategic discussion.
In Phnom Penh, the Prime Minister will also attend the 2nd Annual ASEAN-Australia Summit. Australia’s engagement with ASEAN is longstanding – as ASEAN’s first dialogue partner and Comprehensive Strategic Partner – and supports regional resilience, jobs and economic growth.
From 14–17 November the Prime Minister will attend the Bali G20 Summit in Indonesia – the world’s top table for international economic cooperation. In Bali, the Prime Minister will work with G20 leaders to chart a pathway to achieving the international conditions needed to ease economic pressures at home.
While in Bali, the Prime Minister will join Indonesian President Widodo and Indian Prime Minister Modi to deliver a keynote address at the Business 20 Summit, which will bring together more than 1,000 CEOs, investors and senior executives from Australia, the Indo-Pacific region, and across the world.
The Prime Minister will then travel to Bangkok from 17-19 November to attend the 29th APEC Economic Leaders’ Summit. The Summit will focus on practical action to support regional economic integration and an open trade and investment environment.
Alongside summit commitments, the Prime Minister will meet bilaterally with a range of other leaders to discuss international developments and identify new opportunities for cooperation, including on regional security, energy transition and climate action.
Prime Minister Albanese said:
“Australia has always been an outward facing nation and we have never shied away from facing up to global challenges.
“The global economic outlook is stark, and Russia’s invasion of Ukraine has exacerbated the challenges of food insecurity, rising energy prices, rising inflation and cost of living pressures globally.
“Australia strongly supports ASEAN’s central role in the region and its vision for the region is closely aligned with our own.
“My role at these summits will be one of advocacy for not only Australians, but also for those of our Pacific neighbours who face many of the same pressures that we do.
“At each summit I will emphasise Australia’s commitment to the global transition to net zero, and our vision for a stable, peaceful, resilient and prosperous region.
“I will remain, on behalf of the Australian people, a fierce opponent to Russia’s immoral and illegal invasion of Ukraine.
“I look forward to engaging my counterparts in Phnom Penh, Bali and Bangkok in the next week.”
FUTURE FUND HOLDS $3.4 BILLION OF SHARES IN THE WORLD’S TOP 50 POLLUTING COMPANIES
Answers to Questions on Notice provided to Greens Senator Barbara Pocock show the publicly owned Future Fund is invested heavily in those very companies that threaten Australia’s future, with a total $3.4 billion in the biggest polluting companies in the world.
In Senate estimates, Senator Pocock pressured the Future Fund to use its shareholding power to force the coal, oil and gas companies it invests in to diversify away from selling planet-destroying products.
Pocock questioned the Future Fund about its discussions with Rio Tinto over the destruction of Juukan Gorge, arguing that there is nothing stopping the Fund from similarly engaging directly, or through their fund managers, with coal, oil and gas corporations making record profits from climate destroying activities.
Further, the Government’s Disaster Ready Bill, currently before the Senate, will use proceeds from the Future Fund to pay for infrastructure to ‘mitigate’ climate damage. But at $200 million a year, when the cost to protect us from storm surges alone is $600 million a year, there is a huge gap between what is needed and what is offered.
And there is a deep irony in the government relying on dividends from the world’s biggest polluters to pay for infrastructure to deal with the escalating damage those very same companies are causing through their fossil fuel investments.
Senator Pocock said:
“The Future Fund is invested in companies that have absolutely no intention to diversify away from coal and gas, with $549 million directly invested in Woodside, $190 million in Santos and $83 million in Whitehaven.
“The government’s Disaster Ready Bill is proposing only a third of the climate infrastructure funding we need to keep Australians safe from natural disasters, all the while investing billions into the same greedy corporations driving climate destruction and Australia’s natural disasters.
“These Australian companies need all the pressure the Future Fund can bring to bear on them and if the Fund doesn’t intend to do that, the Labor government must direct a sell off of that stock and send a message that the Future Fund’s focus is on a safe and secure future.
“While Australia is attending COP27 to mitigate against climate disaster, and is asking the world to let us host a climate summit, our government is sinking money into the world’s biggest polluters.
“If the Future Fund is entrusted with paying for the public works needed to keep Australian communities safe from floods, fires, storm surges and cyclones moving south – then it needs to stop profiting from those companies making these natural disasters worse. ”
Questions on Notice and Answers
Table of Investments
ACT RESIDENTIAL EATING DISORDER FACILITY SITE CONFIRMED
Minister for Mental Health Emma Davidson has announced the ACT Residential Centre for eating disorders will be built in Coombs.
A tender for the construction of the Centre will be released in the coming weeks and the Centre is on track for completion in 2023-24. The location is Block 3, Section 17 in Coombs.
Minister Davidson says the Centre forms part of the ACT Government’s stepped care model of care for eating disorders, which links services together so that everyone can access the right support at the right time.
“The location in Coombs is close to nature, overlooks green spaces and a pond and is in a residential setting. These elements support a home-like environment to help people on their recovery journey and live well in the community,” Minister Davidson said.
“People with lived experience, clinicians and non-government organisations have been clear that this centre will fill a significant gap – providing a calming home-like environment with specialised therapeutic support for people with eating disorders who sit between care delivered in the community and acute clinical care in hospital.
“It is a critical addition to Canberra’s eating disorder services, which has been scarce and led to many not being able to receive the right support in the ACT. Over the past years, significant work has been undertaken to expand services and better coordinate them with existing support. For instance, the Clinical Hub, which launched in January this year, has seen patient waiting times reduce from an average 644 days in December 2021 to 56 days in October 2022.”
An early design on the Coombs site has been completed and the Preliminary Sketch Plan Phase is now underway, with the aim of having a Development Application (DA) lodged before the end of 2022. The draft designs for the Centre continue to undergo consultation throughout the DA process, which will run until construction commences in 2023.
The Commonwealth Government has agreed to fund $13.5 million over three years starting in 2021-22 for the development of the Centre.
The Clinical Hub better coordinates resources, services, and clinical expertise to ensure people with eating disorders are quickly connected with health and community services that best support their individual needs.
GREENS LAUNCH PLAN FOR YOUTH HOUSING GUARANTEE
The Victorian Greens have launched their plan for a Youth Housing Guarantee in an election bid to reduce the high rates of youth homelessness across the state.
The Youth Housing Guarantee would see Victorians under the age of 25 guaranteed appropriate housing when presenting to a homelessness service.
To help fund the plan the Greens have committed $100 million dollars to housing and homelessness services over the forward estimates.
Leader of the Victorian Greens, Samantha Ratnam, said it was unacceptable that over one in four Victorians experiencing homelessness were aged between 12 and 24.
She said for too long both major parties had chronically underfunded our housing and homelessness services and refused to invest in more public and affordable homes.
There are increasingly high rates of youth homelessness in Victoria, often due to family breakdown and family violence.
Due to the severe shortage of affordable and appropriate housing options for young people, young people experiencing homelessness often end up in unsuitable housing such as rooming houses or overcrowded short-term accommodation.
Experiencing periods of homelessness at a young age is also a strong predictor of experiencing homelessness later in life, and increases the likelihood of poor physical and mental health, substance abuse and interactions with the justice system.
The Greens’ plan would ensure young people at risk of or experiencing homelessness in Victoria could be connected with appropriate support and services, such as specialist youth accommodation.
Leader of the Victorian Greens, Samantha Ratnam MLC said:
“We are in a housing crisis and young people are some of the hardest hit.
“Up to 25,000 Victorians experience homelessness on any given night and one in four of them are under 25.
“Our Youth Housing Guarantee would make sure that young people who present to a homelessness service will get access to safe, specialist youth housing.
“We don’t need more band-aid solutions – we need a guarantee that the next government will end youth homelessness.”
New COVID-19 variant leads to increase in cases
We are seeing an increase in COVID-19 case numbers in Australia, reflecting community transmission of the Omicron variant XBB.
We are also closely monitoring the overseas transmission of a second Omicron variant – BQ.1.
While evidence is still emerging, the experience to date with these two variants overseas is that they do not appear to pose a greater risk of severe illness and death – and that the COVID-19 vaccines provide good protection against these outcomes.
All indications are that this is the start of a new COVID-19 wave in Australia. This was to be expected and will be part of living with COVID-19 into the future.
The overseas experience is that these new variants have driven increases in case numbers – and hospitalisations at a rate proportionate to these increases – because of their ability to evade the immunity provided by prior infection and vaccination.
It’s therefore timely to focus on the actions we can all take to reduce the threat of these new variants, keep the pressure off our health care workers and hospitals and continue to look forward to our summer plans.
There are three things everyone can do to reduce the threat of these variants across our communities – and help limit the size of the wave.
Firstly, make sure you are up to date with your vaccinations – including having a third or fourth dose if you haven’t had them already. Make an appointment for this dose as soon as possible so your immunity is boosted for the coming months when we are most likely to see an increase in COVID-19 transmission in Australia.
Vaccination is your best protection against getting severely ill or dying from COVID-19. And evidence from overseas indicates vaccination reduces the prevalence of symptoms associated with Long COVID.
Secondly, keep a mask handy when away from home. If you’re at indoor public places or in crowded settings, a mask can help protect you and reduce the chance of infecting others. It’s a simple, sensible way to add another layer of protection and contribute to our collective effort to slow the spread of the virus.
And thirdly, if you have tested positive or are not feeling well, stay at home until the symptoms have passed. If you do have to leave your house, wear a mask and avoid going to any high-risk settings, including hospitals, and aged and disability care facilities.
Through these three measures, you can make a significant contribution to protecting yourself, your family and friends, and the wider community against these new COVID-19 variants.
Advice about managing COVID-19 symptoms is available 24/7 from the Australian Government’s National Coronavirus Help Line: 1800 020 080. Information about managing COVID-19 is also available at healthdirect.gov.au.
In addition, people at risk of more severe illness from COVID-19 should talk to their GP now about their eligibility for oral antiviral treatments should they contract COVID-19.
NSW Government partners with 15 Councils to host major cultural events and festivals
The state’s events calendar just got bigger thanks to the NSW Government investing $8 million into 21 major cultural festivals and events run by local councils across Sydney, the Hunter and Newcastle, and the Illawarra.
Grant funding of up to $500,000 a year for two years has been awarded to 15 local councils across the state’s Six Cities regions to host major multicultural events and festivals in partnership with the NSW Government.
Minister for Multiculturalism Mark Coure said each partnership with the councils will help make their events bigger tourism attractions and local economy boosters.
“To have 21 different multicultural events hosted by 15 councils across the state’s Six Cities regions is a testament to NSW’s rich cultural and religious diversity,” Mr Coure said.
“This funding will help each of these councils take their events and festivals to the next level.”
| Blacktown City CouncilCampbelltown City CouncilCity of Canterbury BankstownCumberland City CouncilGeorges River CouncilInner West CouncilLake Macquarie City CouncilLiverpool City Council | Maitland City CouncilCity of NewcastlePort Stephens CouncilShellharbour City CouncilStrathfield CouncilWilloughby City CouncilWollongong City Council |
Minister for Local Government Wendy Tuckerman said the partnerships will be a real win for the residents and visitors of local communities.
“Local Councils are the level of government closest to the community, so the NSW Government working directly with councils in our six cities will ensure these celebrations benefit their communities directly,” Mrs Tuckerman said.
“By partnering with councils, we are boosting local cultural celebrations led by local leaders, helping to cater for bigger crowds so tourists can experience everything their city has to offer.”
The Six Cities Regions comprise the Lower Hunter and Greater Newcastle City, Central Coast City, Illawarra-Shoalhaven City, Western Parkland City, Central River City and Eastern Harbour City.
Successful councils can use the funding for festivals in 2023 and 2024. All successful councils will partner with the NSW Government and co-fund to host events. For more information, visit www.multicultural.nsw.gov.au
Review of firearms, knives and weapons offences
The NSW Government today announced an independent, wide-ranging review of sentencing for firearms, knives and other weapons offences in NSW.
Attorney General Mark Speakman said the review will be undertaken by the NSW Sentencing Council, the state’s independent advisory body on sentencing matters and sentencing trends.
“The NSW Government is committed to keeping our community safe. That’s why I’ve asked the Council, through its Chairperson the Hon Peter McClelland AM KC, to review and advise on sentencing for firearms, knives and other weapons offences in NSW,” Mr Speakman said.
“This is the first time that such a comprehensive weapons review will have been undertaken in NSW by the Sentencing Council. A limited review of firearms offences was last undertaken by the Council in 2004, and some knife offences have never been reviewed.
“In requesting this review, I want to make sure that sentencing laws relating to possession and use of firearms, knives and other weapons remain in line with community expectations and that law enforcement agencies have access to the tools they need to keep our streets safe.
“The terms of reference will ensure a wide-ranging, extensive review of existing sentencing offences, including an in-depth analysis of sentencing convictions over the past five years.”
Terms of reference
Under the terms of reference, the Sentencing Council has been asked to conduct a review of sentencing for firearms, knives and other weapons offences, including but not limited to offences in the Crimes Act 1900 and Summary Offences Act 1988, and make any recommendations for reform that it considers appropriate.
In undertaking this review, the Sentencing Council should:
- provide sentencing statistics for convictions and penalty notices (where relevant) over a five-year period;
- provide information on the characteristics of offenders, sentence type and length;
- provide background information, including:
- the key sentencing principles and reasoning employed by sentencing judges;
- the mitigating subjective features of offenders; and
- any other significant factors considered in sentencing decisions that explain how courts come to their final decision on sentence (which may be done using case-studies or collation of predominate themes across cases);
- consider whether the standard non parole periods where identified remain appropriate;
- consider whether offences for which penalty notices are available remain appropriate;
- consider whether the maximum penalties for the offences are appropriate with reference to other jurisdictions;
- consider whether any existing summary offences should be made indictable offences;
- consider any other matter the Council considers relevant.
NSW Government delivers record $905 million assistance package to taxi licence holders
The NSW Government has presented a final assistance package to NSW taxi licence holders, offering the most generous assistance payments in the country worth a total of $905 million.
The extra cash injection will see the passenger service levy (PSL) increase by 20 cents to $1.20 (ex GST) and be extended to 2030.
According to Transport for NSW data, the package is more than double the compensation offered by the Victorian Government and more than nine times the package offered by the Queensland Government.
Minister for Transport, Veterans and Western Sydney David Elliott and Minister for Regional Transport and Roads Sam Farraway made the announcement today and said the changes to the financial assistance package were as a result of continued discussions and feedback from representatives from the taxi industry.
This now takes the total assistance package, designed to help fully deregulate the industry, from $645 million to $905 million – more than is being offered by any other state in Australia.
Minister for Transport, Veterans and Western Sydney David Elliott said the final assistance package delivered fair and equitable financial assistance to all taxi licence holders across the state.
“I’ve always sought to ensure families who paid out their hard earned cash were not left with the burden of debt through no fault of their own and I sincerely hope this eases the financial burden on our cabbies as they manage the transition in point to point services,” Mr Elliott said.
“I urge the taxi industry to support this generous package so that taxi licence owners receive the money they deserve as soon as possible.”
The new package provides $150,000 for every Sydney metropolitan taxi licence holder with a cap of 6 plates. Each regional taxi plate will be paid between $40,000 and $195,000, with no cap on the number of plates.
Minister for Regional Transport and Roads Sam Faraway said the NSW Government had presented the most generous taxi assistance package in the country.
“On the back of natural disasters and a pandemic, the NSW Government has still been able to offer businesses like the taxi industry a fair deal,” Mr Farraway said.
“We have done this in the fairest way to customers with a modest 20 cent increase in the PSL which delivers an extra $260 million to the taxi industry bringing the total amount to $905 million.
“I have met with taxi operators around regional NSW, particularly those in Zone Four. This new package will see those Zone Four operators offered $40,000, an increase of 60 per cent on the previous proposal and on top of payments already made.
“This package is our final offer and should it be accepted by the NSW Taxi Council and its members then the funding will be in the bank accounts of taxi owners as soon as early next year.
“To date we have still not heard if Opposition Leader Chris Minns supports our package or if he has a package of his own.”
As part of this final assistance package, the passenger service levy will cease in 2030.
Should the final package not be accepted, legislation will not be introduced.
A Government appointed review will then be launched to assess a compensation package, based on the existing passenger service levy.