LAW 2556 TAKE HOME

LAW 2556 TAKE HOME

Answer THREE questions

QUESTION ONE

According to the Office of the Australian Information Commissioner:

The Privacy Act 1988 (Privacy Act) protects an individuals personal information regardless of their age.

The Privacy Act doesnt specify an age after which an individual can make their own privacy decision. For their consent to be valid, an individual must have capacity to consent.

An organisation or agency handling the personal information of an individual under the age of 18 must decide if the individual has the capacity to consent on a case-by-case basis. As a general rule, an individual under the age of 18 has the capacity to consent if they have the maturity to understand whats being proposed. If they lack maturity it may be appropriate for a parent or guardian to consent on their behalf.

If its not practical for an organisation or agency to assess the capacity of individuals on a case-by-case basis, as a general rule, an organisation or agency may assume an individual over the age of 15 has capacity, unless theyre unsure.

Required:

Critically examine the suitability of current privacy legislation to protect the privacy of children in relation to material posted online by their parents or guardians.

QUESTION TWO

Review the passage of the Surveillance Legislation Amendment (Identify and Disrupt) Bill 2021 at https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r6623.

Required:

Critically examine the purpose of this legislation through the prism of these Parliamentary texts.

QUESTION THREE

Agatha DAgger is an Australian author who writes best-selling murder mysteries that she publishes on the online platform RIGHT!. Like many authors, she draws inspiration from real life events and people. Her latest book Murder on the Cricket Pitch concerns the murder of an unpopular cricket coach called Shaun, who is portrayed as an ex-captain of the Australian Cricket Team. The book details Shauns multiple affairs, bitter rivalries with other players and heavy gambling. Moreover, Shaun has also had hair transplant surgery.

Steve York is an ex-captain of the Australian Cricket Team who has taken exception to Ms DAggers book, as he suspects she has modelled Shaun on him in a particularly unflattering way. Steve has had the odd feud with other players over the years and also has secretly had hair transplant surgery.

Required:

Advise Steve of any legal actions he may take against Ms DAgger and/or RIGHT! and if any defences are available.

QUESTION FOUR

Claude Greengrass has created a vertical greenhouse for growing herbs that attaches against a wall, that he calls the HerbHouse. He has been selling them as a sole trader and business has been excellent as they are popular with apartment dwellers. Claude has obtained a patent to protect the intellectual property of the HerbHouse and he has had enquiries from around Australia from prospective customers. Clause estimates that he could equip a small manufacturing facility for $500 000, in order to satisfy demand for the HerbHouse. Unfortunately, banks are all unwilling to lend money as Claude has served time in prison for growing marijuana in the past.

Required:

Advise Claude as to the steps he should take in order to expand his business.