Key developments
- Productivity Commission inquiry into harnessing data and digital technology interim report
- Bail Amendment (Extension of Limitation on Bail in Certain Circumstances) Bill 2025
- Australian Security Intelligence Organisation Amendment Bill (No 2) 2025 (Cth)
- Administrative Review Tribunal and Other Legislation Amendment Bill 2025
- Freedom of Information Amendment Bill 2025
- Public sector whistleblower reforms
- Review of the Lifetime Care and Support Scheme
- Review of the Compulsory Third Party Insurance Scheme
- Inquiry into rural housing and second dwelling reform
- Inquiry into workers compensation reform
- ASIC – Regulatory Simplification Report 813
- Select Committee Inquiry into Competition Reforms in Electronic Conveyancing
Productivity Commission inquiry into harnessing data and digital technology interim report
The Law Society’s Privacy and Data Law and Business Law Committees contributed to a submission to the Law Council of Australia to inform its submission in response to the Productivity Commission’s Interim Report: Harnessing Data and Digital Technology. Our submission focused on three issues: the regulatory regime for the usage of AI; balancing the rights of copyright owners under the Copyright Act 1968 (Cth) (‘Copyright Act’) with AI developers’ desire to use copyrighted works in training AI models; and the Productivity Commission’s (‘PC’) recommendation to amend the Privacy Act 1988 (Cth) (‘Privacy Act’) to create an alternative, outcomes-based compliance pathway for privacy.
We expressed concerns that the PC’s recommendations may create a greater regulatory and compliance burden, especially at a time when multiple reforms on a range of issues will be coming into effect. Businesses, especially small business with limited resources, need to process legislative changes and adapt to an altered regulatory environment.
We did not support the introduction of a fair dealing exception for text and data mining in the Copyright Act but instead support increased licensing of works for the training of AI.
