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Law Council of Australia


Australian Cyber Security Strategy: Legislative reforms

The Law Council provided a response to the Department of Home Affairs’ 2023–2030 Australian Cyber Security Strategy: Cyber Security Legislative Reforms Consultation Paper (the Consultation Paper).

The 2023–2030 Australian Cyber Security Strategy plays a critical role in identifying the key principles and challenges emerging from the parallel proposals, reforms and review processes taking place in relation to privacy, data protection and cyber security regulation across the economy.

The Law Council emphasises the need to ensure proportionality, consistency, and certainty within the regulatory landscape. Regulatory and procedural certainty is critical in the aftermath of a cyberattack where the timeframe to make decisions and to respond appropriately is significantly constrained.

The Law Council has primarily focussed on proposals in the Consultation Paper as they relate to information sharing in the wake of a cyber incident, especially Measure 2 (ransomware reporting) and Measure 3 (limited use obligations). In responding to these proposed measures, the Law Council has sought to achieve a balance between incentivising disclosure through requirements that are easily applied and understood without unnecessary regulatory burden, while providing entities with assurances that information shared will be used effectively to add value by providing better protections for Australian citizens and businesses.

The Law Council makes the following key recommendations:

Read the full submission below.


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