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Providing strategic advice on expansion structures November 16, 2018

Founded in Bondi Beach in 2012, Bailey Nelson has rapidly grown into a global eyewear retailer and service provider with boutiques in Australia, London, Canada and New Zealand. The strong demand for their products and … Continued

Latest News

Maddocks appoints restructuring and insolvency partner in Sydney January 14, 2019

Monday 14 January  Maddocks has appointed its second new partner in a month with the appointment of Danielle Funston. Danielle is a restructuring and insolvency lawyer who advises clients on recoveries, liquidations, corporate restructuring and … Continued

Latest Article

Made in Australia: Tightened restrictions on the use of country of origin labels January 14, 2019

The recent decision of Nature’s Care Manufacture Pty Ltd v Australian Made Campaign Limited by the Federal Court of Australia has provided much needed guidance on the requirements for ‘Made in Australia’ and other country … Continued

No escape from cyber security duties for Commonwealth officials and directors

In a recent blog post and more comprehensive article, we discussed directors’ duties under the Corporations Act 2001 (Cth) as they extend into the field of cyber security. Similar (and, as discussed below, in some cases even broader) duties are imposed on Commonwealth entity officials, and Commonwealth company directors.

Commonwealth entity officials are required under the Commonwealth’s Public Governance, Performance and Accountability Act 2013 (Cth) (PGPA) to perform their powers and functions and discharge their duties with care and diligence. These duties are analogous to directors’ duties under the Corporations Act.

In the case of Commonwealth company directors, they must also comply with their Corporations Act directors’ duties, and with additional duties and obligations under the PGPA, including keeping the responsible Minister informed of significant issues affecting the relevant Commonwealth company. In our view, this duty to inform extends to informing the responsible Minister of any significant cyber breach or cyber security related issues.

We have identified six key cyber security standards that Commonwealth entity officials and Commonwealth company directors should be aware of as follows:

  1. The Australian Signals Directorate’s Top Four Migration Strategies to Protect Your ICT System
  2. The Australian Government Cyber Security Operations Centre’s Questions Senor Management Need to be Asking About Cyber Security
  3. ASIC’s Cyber Resilience: Health Check (ASIC Report 429)
  4. The Office of the Australian Information Commissioner’s Guide to Security Personal Information – ‘Reasonable Steps’ to Protect Personal Information
  5. The Payment Card Industry’s Data Security Standard (DSS): Requirements and Security Assessment Procedures and
  6. ISO/IEC Standards.

The six cyber security standards referred to above are by no means exhaustive and we have discussed these standards in more detail in our related article here.

In a recent blog post and more comprehensive article, we discussed directors’ duties under the Corporations Act 2001 (Cth) as they extend into the field of cyber security. Similar (and, as discussed below, in some cases even broader) duties are imposed on Commonwealth entity officials, and Commonwealth company directors.

Commonwealth entity officials are required under the Commonwealth’s Public Governance, Performance and Accountability Act 2013 (Cth) (PGPA) to perform their powers and functions and discharge their duties with care and diligence. These duties are analogous to directors’ duties under the Corporations Act.

In the case of Commonwealth company directors, they must also comply with their Corporations Act directors’ duties, and with additional duties and obligations under the PGPA, including keeping the responsible Minister informed of significant issues affecting the relevant Commonwealth company. In our view, this duty to inform extends to informing the responsible Minister of any significant cyber breach or cyber security related issues.

We have identified six key cyber security standards that Commonwealth entity officials and Commonwealth company directors should be aware of as follows:

  1. The Australian Signals Directorate’s Top Four Migration Strategies to Protect Your ICT System
  2. The Australian Government Cyber Security Operations Centre’s Questions Senor Management Need to be Asking About Cyber Security
  3. ASIC’s Cyber Resilience: Health Check (ASIC Report 429)
  4. The Office of the Australian Information Commissioner’s Guide to Security Personal Information – ‘Reasonable Steps’ to Protect Personal Information
  5. The Payment Card Industry’s Data Security Standard (DSS): Requirements and Security Assessment Procedures and
  6. ISO/IEC Standards.

The six cyber security standards referred to above are by no means exhaustive and we have discussed these standards in more detail in our related article here.