[Year 12 IT Apps] Legal Question

[Geoff Moss]

An interesting question, Paul.

While Mark is correct in what he says, unfortunately not all the references 
students refer to are as clear.

Like all amendments to the Crimes Act, 1958, they are eventually included in 
the original act.

However, to bring the law in the area of privacy into context and to provide 
historical developments it is necessary to refer to the amendments. 
Otherwise, how can we relate the privacy law to the private sector.

Students using their references will find that they are confronted with both 
federal privacy acts, rather than the Privacy Act 1988, and the study of 
both puts the development of law in this area into historical context.  They 
are not directed to reading the amendment as part of the principal act.

Likewise, with the Copyright Act and its Digital Amendment in 2000.  There 
is also a need to develop the historical context to show where the digital 
era has finally been partially addressed by the law with the digital 
amendment.  The digital age didn't exist as we now know it in 1968.

While the study design only refers to 'The Privacy Act 1988' and 'The 
Copyright Act 1968' (and 2 Victorian acts)  (See the glossary entry for 
'Legal Obligations' on page 50) and there is an assumption that all teachers 
will be aware that the amendments have been subsumed by the principal acts, 
it does not mean all teachers, and students for that fact, are aware of that 
assumption.  The student references do not clarify the situation referring 
to the 2 acts in the two respective areas as separate acts.  (Mark Kelly's 
site: http://vceit.com does clarify the issue).

I have advised my students in writing responses to questions relating to 
either act to refer to the primary act and then state "as amended by (the 
subsequent amendment)",
e.g. Privacy Act 1988, as amended by the Privacy Amendment (Private Sector) 
Act 2000.; Copyright Act 1968, as amended by the Copyright Amendment 
(Digital Agenda) Act 2000.

Unfortunately, this does not address multiple choice questions such as the 
one that started this debate.  Hopefully, the examiners will not be so silly 
as to do this!!????!!  Or they will allow for common sense to prevail seeing 
the students may have been exposed to a wide range of reference material 
that has included the separation of the Acts in question.

In this reference the examiners need to be aware that not all IT teachers 
access this list and not all students will have the latest information to 
refer to.

This confusion could have been avoided by a suitable comment in the study 
design for the benefit of all teachers and all students.

My 2 cents worth, unfortunately it probably only muddies the debate.

Geoff Moss
RMIT




----- Original Message ----- 
From: "Mark Kelly" <kel at mckinnonsc.vic.edu.au>
To: "Year 12 IT Applications Teachers' Mailing List" 
<itapps at edulists.com.au>
Sent: Friday, September 21, 2007 11:05 AM
Subject: Re: [Year 12 IT Apps] Legal Question


> The study design only refers to the Privacy Act, not the amendment (same 
> for the copyright act).
>
> Don't refer to the amendments any more.  They are just parts of the main 
> acts.
>
> Paul Miller wrote:
>> Hi All,
>>
>> Last day!!!
>>
>> Question...
>>
>> If a law is amended by another law (e.g. Privacy Act 1988 by Privacy
>> Amendment (Private Sector) Act 2000) how do you refer to the
>> legislation.
>>
>> What I mean is, imagine an private organisation turning over $5 mil a
>> year is breaching one of the NPPs. Do I say it is in breach of the
>> Privacy Act 1988 (the orginal act that has no been amended) or the
>> Privacy Amendment (Private Sector) Act 2000 (which is the actual
>> amendment).
>>
>> I am just curious which one is correct, or are both correct.
>>
>> Cheers,
>>
>> Paul.
>>
>>
>> ____________________________________
>> Paul Miller
>> Our Lady of the Sacred Heart College (OLSH)
>> 111 Jasper Road BENTLEIGH 3204
>> Ph: (03) 9563 9522  Fax: (03) 9563 9484
>>
>> pmiller at olsh.vic.edu.au
>> http://www.olsh.vic.edu.au/Sports%20Website/index.htm
>
> -- 
> Mark Kelly
> Manager - Information Systems
> McKinnon Secondary College
> McKinnon Rd McKinnon 3204, Victoria, Australia
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>
> Webmaster - http://www.mckinnonsc.vic.edu.au
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>
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>
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