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The Australian Government Information Management Office Archive

Government Online Legal Issues

22-23 August 2000
National Convention Centre
Canberra

The Commonwealth Government's deadline to:

• deliver government services online
• conduct Commonwealth purchasing online
• make all payments electronically

is rapidly approaching.

There is also a requirement on each Agency to prepare an Online Action Plan. The Office for Government Online is providing some information and assistance to agencies but there are many complex issues to consider, including the legal issues and ramification of implementing the Government's Online Agenda.

The Australian Government Solicitor (AGS) and the Attorney-General's Department (AGD) have combined forces to offer you and your colleagues an opportunity to:

• outline your online activities to your colleagues in other agencies
• explore some of the associated legal issues
• to identify where answers have been provided
• and where further work needs to be done.

"...it will (be) mandatory for all lawyers to become knowledgeable about e-commerce issues..."

Australian Financial Review 27 July 2000

Some of the legal issues we think need exploration are associated with:

• implementing and using Public Key Technology
• e-commerce (purchasing, supplying)
• agency websites and use of the internet
• privacy
• law enforcement issues; and
• the Electronic Transactions Act 1999.

Over these two days you will benefit from in-depth case studies of two important online initiatives and have an opportunity to share your online experiences and listen to the experiences of your colleagues in other Commonwealth agencies. This conference:

• is a unique opportunity to explore the legal ramifications of the Government's online agenda
• will provide valuable legal inputs to assist your agency.

After the conference you will be provided with a summary of the issues raised and the agencies who attended so that you can continue the cooperation with your colleagues as you move to implement the government's online agenda.

Tuesday 22 August

8.30 Registration and refreshments

9.00 Introduction and Outline of proceedings

Peter Ford, First Assistant Secretary, Information and Security Law Division, AGD

Anne Caine, Deputy Government Solicitor, Commercial Group, AGS

9.10 Welcome from Sponsoring Agencies

Rayne de Gruchy CEO AGS

Robert Cornall, Secretary AGD

9.30 The Government's Online Strategy

Glenys Roper, CEO, Office for Government Online

9.50 Case Study A Part 1: Business Information Service, AusIndustry

Philip Noonan, Head, Corporate Services Division, Department of Industry, Science and Resources

10.30 Morning tea

11.00 Case Study A (cont) Part 2: Business Entry Point, DEWRSB

Sven Bluemmel, Director, Legal, Business Entry Point, DEWRSB

11.40 Discussion & questions

11.50 Case Study B: Customs Projects

David Roberts, Manager, Electronic Commerce, Australian Customs Service

12.30 Discussion and Questions

12.45 Lunch

2.00-5.00 WORKSHOPS

Workshop 1. Public Key Technology

Agency: Peter Wilson, Assistant Commissioner, Electronic Services, Australian Taxation Office

Legal: Anne Caine, Deputy Government Solicitor, Commercial Group, AGS

• commercial arrangements with Certification Services providers
• legal risks associated with different roles in the PKI
• what protection should your clients, employees be given

Workshop 2. E-Commerce

Agency: Di Fielding, Director-General, Finance, Department of Defence

Legal: John Scala, Chief Counsel, Commercial Group, AGS

• types of online contracting and associated risks
• legally significant differences to the paper world
• e-terms

Workshop 3. Websites/Use of Internet

Agency: Sven Bluemmel, Director, Legal, Business Entry Point, DEWRSB

Legal: Philip Crisp, Senior Government Solicitor, Commercial, AGS

• has your agency done a legal risk analysis
• do you have an agency email policy
• are you liable if your website/server is not secure

Workshop 4. Electronic Transactions Act 1999

Agency: Shaun Gath, Legal Practice Manager. Health Insurance Commission

Legal: Colin Minihan, Principal Legal Officer, Security Law and Justice Branch, ISLD, AGD

• how will the Act affect you
• what should you consider when applying the Act to the laws your agency administer
• should these laws be exempted

Workshop 5. Law Enforcement

Agency: Geoff Gray, Senior Assistant Director, Director of Public Prosecutions

Legal: Keith Holland, Assistant Secretary, Security Law and Justice Branch, ISLD, AGD

• what are the law enforcement challenges presented by the online environment
• how can you overcome them
• what enforcement issues should you consider when designing your IT systems

Workshop 6. Privacy

Agency: Chris Cowper, Director, Policy, Office of the Federal Privacy Commissioner

Legal: Helen Daniels, Assistant Secretary, Information Law Branch, ISLD, AGD

• what privacy issues arise in the online environment
• how do you put into place an appropriate privacy regime
• what are some of the issues you should be aware of

(The organisers reserve the right to reduce the number of workshops if there are insufficient numbers nominating for a particular workshop. Please nominate your first and second preference for workshops as indicated on registration form.)

Wednesday 23 August

Presentation of Outcomes of Workshops by Facilitators

9.00 Public Key Technology

9.30 Discussion & questions

9.45 E-Commerce

10.15 Discussion & questions

10.30 Morning tea

11.00 Websites/Use of Internet

11.30 Discussion & questions

11.45 Electronic Transactions Act 1999

12.15 Discussion & questions

12.30 Lunch

2.00 Law Enforcement Issues

2.30 Discussion & questions

2.45 Privacy

3.15 Discussion & questions

3.30 Afternoon tea

4.00 Panel discussion: The Way Forward:

5.00 Close of conference and drinks