Welcome to the November 2025 edition of CBP Focus, where our lawyers share key insights from across the practice.
In this edition, our feature article “Beyond the ban: Leading schools through upcoming Online Safety reforms” explores how Australia’s new Online Safety laws, coming into effect from December 2025, will ban social media accounts for under-16s. The reforms are set to reshape school policies, student wellbeing and parent expectations, with key priorities including risk management, clear governance and proactive communication.
We trust you will find this edition of CBP Focus informative. As always, please contact our authors with any questions.
Facial recognition technology and the law: Lessons from the Kmart privacy breach
After a three-year investigation, the Privacy Commissioner found Kmart’s use of facial recognition breached the Privacy Act by collecting biometric data without consent and failing to provide adequate notice. The ruling reinforces the need to balance security with privacy, transparency and proportionality.
Beyond the ban: Leading schools through upcoming Online Safety reforms
Australia’s upcoming social media restrictions for under-16s, taking effect in December 2025, will change the digital landscape for students and schools alike. Although schools will not be tasked with enforcement, the reforms are expected to influence student wellbeing, family expectations and everyday communication. Schools will need to focus on supporting students through the transition, managing shifts to alternative platforms and reinforcing robust online safety reporting with clear, consistent messaging.
Typhoon termination: The importance of having well-founded grounds for dismissal
Guardian’s dismissal of a casual educator was ruled unfair after the Fair Work Commission found the employer failed to verify her absence and relied on automated processes instead of reasonable checks. The case highlights the importance of clear communication and reasonable follow-up before termination decisions.
Risky business: Lessons in risk management on excursions, tours or other extracurricular activities
Schools are under growing scrutiny to ensure safety during excursions and high-risk activities. Recent cases highlight the importance of thorough risk assessments, well-trained staff and clear emergency plans and reinforce that waivers never remove a school’s duty of care.
AI ate my novel: Copyright in the age of large language models
AI training practices in the U.S. and Australia diverge significantly, with Australia’s stricter copyright regime creating greater risk for developers who use books without permission. Recent legal developments confirm that licensing remains essential, while authors retain strong rights where substantial parts of their works are reproduced.
Putting the privacy tort to the test: First application for relief under the statutory tort for serious invasions of privacy
In June 2025, changes to the Privacy Act 1988 (Cth) introduced a statutory tort for serious invasions of privacy. On 7 October 2025, District Court Justice Gibson handed down the first published decision under the new privacy tort in Kurraba Group Pty Ltd & Anor v Williams [2025] NSWDC 396.
