image of Monique AzzopardiMonique Azzopardi

Clayton Utz Special Counsel , Sydney T +61 2 9353 4260 +61 401 694 371 https://www.claytonutz.com

Monique is an experienced commercial lawyer with special expertise in technology transactions.

She has strong experience acting for clients in the private and public sectors across the full spectrum of commercial and technology matters, including as a key adviser to the NSW and Commonwealth governments on a number of major projects of State and national significance. Her experience spans:

  • the procurement and contracting of goods and services;
  • grant and funding agreements;
  • major systems integration projects;
  • PropTech and InfraTech;
  • outsourcing and managed services;
  • the utilisation of cloud-based solutions;
  • software development, licensing and support;
  • artificial intelligence and emerging technologies; and
  • data sharing agreements and the leverage of big data.

She is skilled at developing plain-English contractual documents that are tailored to the project and are legally and commercially robust.

Another core part of Monique's practice is privacy law and data protection. She is regularly called upon to assist clients to navigate privacy legislation and to undertake privacy impact assessments. She also crafts tailored privacy provisions for contracts to ensure that contracts are aligned with all relevant privacy laws, including the Privacy Act 1988 (Cth).

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Expertise

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Telecommunications, Media and Technology

Australian Digital Health Agency (ADHA) – API Gateway Services: Assisting the ADHA with respect to the preparation and negotiation of its contract for the provision of health API Gateway Services. The ADHA is the System Operator of the My Health Record System under the My Health Records Act 2012 (Cth).

Department of Customer Service (DCS) – Procure IT Transformation Project: Assisting the DCS in relation to the Procure IT Transformation Project, including preparing the contractual documents for the new MICTA/ICTA Contacting Framework. Monique also presented at the industry briefings in 2020 and 2021 in relation to the new MICTA/ICTA Framework.

Department of Customer Service (DCS) – Building Assurance Solution: Advising DCS with respect to its innovative, market-led building assurance solution platform to track a building's provenance beyond basic compliance. The solution (which relies on blockchain technology) enables the industry, current and prospective owners, regulators and insurers, among others, to compare and assess the trustworthy index for different buildings. The project is expected to be used initially to road-test buildings which are undergoing cladding rectification as part of the NSW Government's cladding remediation program.

Transport for NSW (TfNSW): Advising TfNSW on its procurement of an ICT solution for the processing and payment of dockets for the NSW Government's Taxi Transport Subsidy Scheme.

Transport for NSW (TfNSW) – Digital Train Radio System (DTRS): Assisting Sydney Trains (part of TfNSW) in relation to a significant infrastructure project relating to the ongoing maintenance and through life support of the DTRS.

Department of Defence: Advising the Department of Defence on its landmark contract with Telstra for the continued delivery to Defence of technology and critical network and telecommunication services.

Department of Agriculture, Water and the Environment – NEXDOC: Advising the Department in relation to the transition from EXDOC to the new Next Export Documentation System (NEXDOC). NEXDOC is a web-based system which allows end users such as exporters to request export documentation for primary produce.

See Telecommunications, Media and Technology

Government Services

Department of Defence: Advising Defence in relation to its approach to market for recruiting services. This is a multi-stage procurement process that will be critical to enabling Defence to meet its core recruiting capability.

Transport for NSW (TfNSW): Advising TfNSW in relation to its regional electric vehicle charging stations project.

NBN Co: Providing legal support to NBN Co in relation to information access requests under the Freedom of Information Act 1982 (Cth).

Freedom of information and GIPA Act: Advising various government agencies in relation to their compliance obligations under freedom of information legislation, including the Freedom of Information Act 1982 (Cth) and the Government Information (Public Access) Act 2009 (NSW).

Funding and grant agreements: Advising various government agencies in relation to their funding and grant agreements, including assisting agencies to prepare and negotiate bespoke funding and grant agreements for specific government funding initiatives.

See Government Services

Privacy

Department of Education, Skills and Employment – AEDC project: Providing advice and assistance to the former Department of Education, Skills and Employment with respect to a procurement for the provision of data collection and management services and strategic advice and support for the 2021 Australian Early Development Census (AEDC). The AEDC is a national measure of children's development as they enter their first year of full-time school. As part of this matter, Monique assisted the Department to prepare the RFQ terms and conditions and response forms; prepared tailored special conditions for each Work Order to protect AEDC data sets and personal information and to ensure compliance with applicable privacy laws.

Commonwealth agency: Advising a Commonwealth agency in relation to its privacy impact assessment for the development and use of a proposed IT platform that would involve the collection and storage of a large number of sensitive datasets.

Large Australasian IT provider: Assisting an IT provider to undertake a privacy audit and to set up a privacy compliance framework, including drafting external and internal privacy policies to ensure compliance with the Privacy Act. Monique then provided on-site privacy training to core members from the client's business. The focus of the training session was on compliance with the Australian Privacy Principles.

NSW Government agency: Advising a NSW Government agency in relation to a critical new project involving the sharing, use and analysis of multiple NSW Government datasets, including personal information and health information.

Confidential client: Advising a confidential client on the ambit of the new notifiable data breaches scheme under the Privacy Act and its application to a proposed data sharing contract.

Various: Assisting various clients to review and prepare privacy policies and notification and consent forms to comply with all relevant privacy laws, including the Privacy Act.

See Privacy

Digital economy

Australian Digital Health Agency (ADHA) – API Gateway Services: Assisting the ADHA with respect to the preparation and negotiation of its contract for the provision of health API Gateway Services. The ADHA is the System Operator of the My Health Record System under the My Health Records Act 2012 (Cth).

Department of Customer Service (DCS) – Procure IT Transformation Project: Assisting the DCS in relation to the Procure IT Transformation Project, including preparing the contractual documents for the new MICTA/ICTA Contacting Framework. Monique also presented at the industry briefings in 2020 and 2021 in relation to the new MICTA/ICTA Framework.

Department of Customer Service (DCS) – Building Assurance Solution: Advising DCS with respect to its innovative, market-led building assurance solution platform to track a building's provenance beyond basic compliance. The solution (which relies on blockchain technology) enables the industry, current and prospective owners, regulators and insurers, among others, to compare and assess the trustworthy index for different buildings. The project is expected to be used initially to road-test buildings which are undergoing cladding rectification as part of the NSW Government's cladding remediation program.

Transport for NSW (TfNSW): Advising TfNSW on its procurement of an ICT solution for the processing and payment of dockets for the NSW Government's Taxi Transport Subsidy Scheme.

Transport for NSW (TfNSW) – Digital Train Radio System (DTRS): Assisting Sydney Trains (part of TfNSW) in relation to a significant infrastructure project relating to the ongoing maintenance and through life support of the DTRS.

Department of Defence: Advising the Department of Defence on its landmark contract with Telstra for the continued delivery to Defence of technology and critical network and telecommunication services.

Department of Agriculture, Water and the Environment – NEXDOC: Advising the Department in relation to the transition from EXDOC to the new Next Export Documentation System (NEXDOC). NEXDOC is a web-based system which allows end users such as exporters to request export documentation for primary produce.

See Digital economy

Knowledge

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