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Expertise

Lachlan is a senior associate based in Melbourne specialising in administrative law with a particular focus on privacy, freedom of information and other compulsory information access processes.

Lachlan comprehends and appreciates the difficulties that government departments encounter, having completed multiple secondments in information law and provided advice to Commonwealth, NSW, and Victorian state government clients.

Lachlan has also advised on various legislation reform projects in the area of data working with government clients. When working through such projects, Lachlan ensures community expectations are met in addition to the client’s interests and expectations.

Experience

Lachlan's specialised areas of experience include:

Privacy and Data

Lachlan provides high-quality privacy advice for Australian Government and State Government clients, including:

  • advising clients on the application of the Privacy Act 1988 (Cth), including advice on managing complaints of breach of privacy and notification of data breaches
  • advising clients of the collection and handling of personal information, undertaking Privacy Threshold Assessments, Privacy Impact Assessments and handling complaints and Office of the Australian Information Commissioner (OAIC) investigations
  • advising on privacy policy and privacy management plan requirements
  • advising on the implementation of various data security framework specific to agency legislation and practice advise on high-risk projects in relation to data security requirements, more recently on the Australian Traveller Declaration (ATD).

Freedom of Information

Lachlan advises on all aspects of FOI under FOI Act, including:

  • the actual decision-making process and vetting documents for exemptions
  • drafting correspondence to FOI applicants and third parties
  • preparing legally defensible statements of reasons relating to internal decisions and external review through the OAIC
  • preparing submissions and evidence
  • appearing as a solicitor- advocate in appeals of FOI decisions
  • drafting internal policy documents for clients concerning key information law issues.

Lachlan also regularly advises on responding to other compulsory processes for production of information, such as including subpoenas and requests from the Coroner.

Statutory Interpretation

Lachlan has advised on complex and sensitive Commonwealth legislation, including the interpretation and application of numerous laws, including:

  • Australian Passports Act 2005 (Cth)
  • Administrative Appeals Tribunal Act 1975 (Cth)
  • Administrative Decisions (Judicial Review) Act 1977
  • Freedom of Information Act 1982 (Cth)
  • Social Security / Centrelink law
  • Medicare / Health law
  • Child Support law
  • Privacy Act 1982 (Cth)
  • General Secrecy law
  • Commonwealth Procurement Rules made under the Public Governance, Performance and Accountability Act 2013 (Cth)

Publications

26 November 2024 - Knowledge

Face Off: Lessons from the Bunnings privacy determination

#Data & Privacy

Bunnings’ unlawful yet well-intentioned use of facial recognition technology to mitigate harmful customer behaviour towards staff highlights the importance of adhering to proper privacy practices when using biometric systems in retail or workplace settings.