Amy Hu

Associate

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About

Amy is an Associate who commenced with FOI Solutions in August 2010.  Amy came to us from the Victorian Department of Human Services where she was responsible for handling VCAT proceedings involving freedom of information matters for the Department of Human Services and Department of Health. Before that Amy was employed in private practice. 

Amy was admitted to practice in 2008.  She has expertise in Victorian FOI law and policy as well as privacy and other general administrative law areas.

Areas of Expertise

  • Legislation/Regulation/Policy development

    • Participated in panel of administrative lawyers representing the Law Institute of Victoria in consultation with Victorian State Government in relation to development of the IBAC and protected disclosure regime, and, separately, 2010 changes to FOI Act.
    • Assisted a University to draft student misconduct legislation (both academic and general misconduct), develop guidelines and training materials, and present them to academics hearing complaints about misconduct; advising on University policy on review panels
    • Assisted a national regulator to develop a policy and legal submission to legislators for amendment to national legislation
  • Judicial and Administrative Review

    • Advised on and conducted through to hearing administrative review proceedings in VCAT in FOI and privacy matters
  • Public law matters –including public governance

    • Advising many agencies on protected disclosure legislation including drafting processes and procedures and conducting training for agencies.
    • Developing comprehensive processes, procedures and policies on protected disclosures and conducting training on them; advising numerous clients on compliance and implementation
    • advising on Ombudsman powers and participating in Ombudsman investigations
    • Proficient in applying principles of statutory interpretation which is crucial in Administrative Law.
    • Advised national regulators with an Ombudsman/Privacy Commissioner function in the handling of complaints including drafting policies, guidelines, manuals with template correspondence, customised correspondence for particular complaints, etc
    • Advising clients or directly dealing on their behalf with integrity or oversight bodies such as the Ombudsman, FOI/Information Commissioner, Health Services (Complaints) Commissioner, Commissioner for Privacy and Data Protection (and predecessor), IBAC, etc.
  • Litigation and dispute resolution relating to the areas of law for nominated services

    • Amy has personally conducted numerous cases at VCAT on FOI matters at preliminary stages, including to determination of cases, and some cases on privacy

Professional Experience

  • Amy has dealt with all aspects of FOI including:

    • Training FOI decision makers generally and on specific topics
    • Advising on requests for access to documents
    • Advising on exceptions and exemptions under the FOI Act
    • Assisting agencies with processing FOI requests including processing documents and drafting correspondence advising clients or directly dealing with the FOI/Information Commissioner about reviews or complaints reviewing FOI processes, auditing, etc
    • Advising on and preparing Part II statements
    • Conducting or advising on reviews to VCAT
    • Current author of the Freedom of Information Chapter in Springvale Legal Service, Lawyers Practice Manual.
  • Amy has dealt with all aspects of health and personal information privacy and data protection (under the Health Records Act 2001, Privacy and Data Protection Act 2014 and repealed Information Privacy Act 2000) including:

    • Assisting with privacy impact assessments
    • Advising on compliance including preparation of collection notices and policies and how to proactively deal with mass breaches
    • Training agency staff on privacy
    • Advising on potential interferences with privacy in numerous scenarios
    • Assisting clients in dealing with Commissioners about privacy complaints
    • Conducting legal proceedings at VCAT

Qualifications

  • Bachelor of Laws, Monash University, 2005

  • Bachelor of Arts (Hons), Monash University, 2004

  • Admitted to Practice, Supreme Court of Victoria, 2008

    • Member, Law Institute of Victoria (2010 to date);
    • Member, Australian Institute of Administrative Law (2010 to date);
    • Member, International Association of Privacy Professionals Australia/New Zealand Chapter (2010 to date)
    • Member, Institute of Public Administration Australia, (2012 to date)
    • Member, Council of Australasian Tribunals – Victorian Chapter (2013 to date)

Employment History

  • Articled Clerk, Lim Whalen & Co Lawyers (May 2007 to August 2008)

  • Solicitor, Lim Whalen & Co Lawyers (2008 to 2009)

  • Policy Advisor & Project Officer, Department of Human Services (2009 to 2010)

  • Solicitor, FOI Solutions (2010 to 30 June 2012)

  • Senior Solicitor, FOI Solutions (1 July 2012 to date)

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