Greatest Good Regulatory Update November-December 2023
Federal Government releases Cyber Security Strategy
The Australian Government released its 2023 – 2030 Australian Cyber Security Strategy, outlining its vision for a cyber secure Australia and the process to get there. It represents the Government’s holistic strategy to combat cyber risk throughout the Australian economy, and flags a number of material new or expanded regulatory frameworks, as well as government support and assistance.
They also released the Cyber Security Action Plan which identified which agency would lead and contribute to the actions outlined in the plan. As the Cyber Strategy includes several areas of substantive reform, a consultation paper will be released in December.
The Cyber Security Strategy focuses on providing more robust protection to individuals and businesses via six cyber shields:
- strong businesses and citizens
- safe technology
- world-class threat sharing and blocking
- protected critical infrastructure
- sovereign capabilities
- resilient region and global leadership
Under each shield, the government outlines the specific initiatives and actions it will undertake to establish the relevant shield, with a total of sixty actions proposed.
The key actions proposed in the Strategy and Action Plan will require significant additional consultation, including amendments to existing regulation and legislation, development of entirely new regulatory frameworks, and significant industry consultation and codesign.
The Cyber Strategy will be delivered in three phases:
- Horizon 1 (2023–25): to address foundations by examining critical gaps in the cyber shields and to support improved cyber maturity uplift
- Horizon 2 (2026–28): to expand the reach by addressing further investment in the broader cyber ecosystem, and continuing to scale upside maturity and the cyber workforce
- Horizon 3 (2029–30): to lead globally, and to address the development of emerging cyber technologies capable of adapting to new risks and new opportunities
The consultation paper was subsequently released in late December, with submissions closing on 1 March 2024.
DGR reforms applying from 1 January 2024
A reminder that from 1 January 2024, responsibility for Deductible Gift Recipient (DGR) endorsement of environmental organisations, cultural organisations, harm prevention charities, and overseas aid organisations was transferred to the Australian Taxation Office from other government departments.
Refer to our July regulatory update for more info: july-2023-regulatory-update (greatestgood.com.au)
Reminder of changes applying in December 2023/January 2024
Employers are reminded that there are a number of upcoming changes to the law coming into effect from December 2023 as a result of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) and the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Cth). At a high level the changes are:
- prohibitions on fixed/maximum term employment contracts – effective 6 December 2023
- the Australian Human Rights Commission to have expanded enforcement powers to investigate an employer's compliance with the positive duty in relation to sexual harassment and discrimination – effective 12 December 2023
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the right to superannuation contributions becomes one of the National Employment Standards, meaning unpaid (or underpaid) superannuation will also be enforceable directly under the Act. Action for breaches could be taken by employees, unions or the Fair Work Ombudsman (with the ATO remaining the primary regulator enforcing employer compliance under existing superannuation legislation) - effective 1 Janaury 2024
Disclaimer: This does not purport to be comprehensive or to render legal advice. You should not act based on any information contained in this publication without first obtaining specific professional advice. Consult your legal advisor to determine if this applies to you.
