Last Updated on 22/08/2025 by Damin Murdock
With cyber threats on the rise and privacy laws tightening, Australian organisations must implement robust internal processes to manage data breaches. A well-structured data breach response plan is not just good practice, it is a legal necessity. At Leo Lawyers, we guide organisations in aligning their breach management strategies with national and state-specific legislative requirements.
Why You Need a Data Breach Response Plan
Under various Australian laws, including the Privacy and Personal Information Protection Act 1998 (NSW) and the Competition and Consumer (Consumer Data Right) Rules 2020 (Cth), organisations are required to assess, report, and manage data breaches efficiently. A clear and compliant plan ensures legal obligations are met and reputational damage is minimised.
Core Elements of a Compliant Response Plan
1. Breach Assessment Framework
Your plan must establish a formal process for assessing whether a breach is “eligible” (that is, likely to cause serious harm). Key considerations include the type and sensitivity of the personal data involved, the presence (or absence) of security controls, any potential unauthorised access or disclosure, and the likelihood and type of harm to individuals.
The Privacy Commissioner’s guidelines should be used as a benchmark for these assessments.
2. Notification Procedures
Your plan must clearly identify how and when to notify affected individuals, the Information Commissioner (OAIC or relevant State authority), and other relevant third parties such as law enforcement or service providers.
Notices should include the date and nature of the breach, the types of information affected, steps taken to mitigate harm, and actions individuals should take to protect themselves.
3. Documentation and Record Keeping
Organisations are expected to maintain a formal breach register that includes a full description of each breach, methods and timing of notification, containment and mitigation measures, and future risk prevention strategies. This documentation should be retained even where no notification is legally required.
4. Information Security Capability
Your plan must incorporate proactive security measures that respond to evolving data security risks, consider the severity and likelihood of cyber threats, and limit potential consumer harm. These capabilities must be reviewed and updated annually.
5. Internal Review and Complaints Handling
The plan must also include mechanisms for internal complaints management, formal review processes, and dispute resolution protocols. Assign clear roles and set realistic but accountable timeframes for each step.
6. Regular Review and Accessibility
Plans must be reviewed every two years at a minimum, or sooner if your organisation undergoes major operational or legal changes. The latest version must be published on your organisation’s website and be easily accessible.
Additional Legal Considerations
- Third-Party Service Providers:
Contracts with these providers must clearly define their obligations in a breach scenario, including who is responsible for notification and documentation.
- Cross-Jurisdictional Compliance:
Your response plan must integrate relevant state-specific laws (such as those in NSW, QLD, and VIC) alongside federal legislation.
- Privacy Governance Alignment:
It is essential to ensure your data breach response plan is consistent with your broader Privacy Management Plan.
Final Thoughts
A data breach response plan is essential to both legal compliance and stakeholder trust. Feel free to contact Damin Murdock at Leo Lawyers via our website, on (02) 8201 0051 or at office@leolawyers.com.au. Further, if you liked this article, please subscribe to our newsletter via our Website, and subscribe to our YouTube , LinkedIn, Facebook and Instagram. If you liked this article or video, please also give us a favourable Google Review.
DISCLAIMER: This is not legal advice and is general information only. You should not rely upon the information contained in this article and if you require specific legal advice, please contact us.
Damin Murdock (J.D | LL.M | BACS - Finance) is a seasoned commercial lawyer with over 17 years of experience, recognised as a trusted legal advisor and courtroom advocate who has built a formidable reputation for delivering strategic legal solutions across corporate, commercial, construction, and technology law. He has held senior leadership positions, including director of a national Australian law firm, principal lawyer of MurdockCheng Legal Practice, and Chief Legal Officer of Lawpath, Australia's largest legal technology platform. Throughout his career, Damin has personally advised more than 2,000 startups and SMEs, earning over 300 five-star reviews from satisfied clients who value his clear communication, commercial pragmatism, and in-depth legal knowledge. As an established legal thought leader, he has hosted over 100 webinars and legal videos that have attracted tens of thousands of views, reinforcing his trusted authority in both legal and business communities."
