Zeng is a highly respected expert in public law, specialising in litigation and privacy law. With a Commonwealth public service background, Zeng understands the challenges of managing government programs and policies. He has extensive experience in decision-making, managing legal risks, regulatory issues and compliance.
Zeng specialises in information law and privacy matters, including advising on data protection and developing privacy compliant schemes that involve digital transformation and information technology infrastructure such as in-house corporate enterprise software, cloud-based solutions and mobile applications.
Zeng has advised and acted as solicitor advocate for government and private sector bodies in a variety of courts and tribunals in the following areas:
- Agriculture and biosecurity
- Health and aged care
- Citizenship and migration
- Code of conduct compliance and enforcement
- Fair Entitlements Guarantee Scheme
- Research and Development Tax Incentive Scheme and
- Medicare Benefits Scheme.
Known for excellent communication skills and partnering with his clients, Zeng provides practical, solution-oriented advice. His proactive and detailed approach to resolving disputes helps manage legal risks effectively, making him a trusted advisor in complex legal matters.
Experience
Privacy
- Acted for a Commonwealth agency on a population scale biobank. Zeng was the agency’s strategic privacy advisor. Assisted with developing the biobank and establishing the necessary privacy controls to ensure that the biobank would be a valuable resource for researchers and population health initiatives. Zeng ensured adequate protection of participant privacy, particularly regarding the collection and storage of biologoical samples and data.
- Acted for the Australian Government regarding the My Health Record mobile applications project. The project gave application developers access to the My Health Record system. This enabled the operation of mobile applications, giving consumers access to their My Health Record. Zeng advised on the various collections, uses and disclosures of personal information, including healthcare identifiers, and the project's interaction with myGov and mobile application developers.
- Advised a Commonwealth department on privacy issues associated with the development of an identity verification project in light of COVID-19.
- Acted for several private and public sector clients in relation to data breaches including advising on breach containment and notification obligations.
Privacy Impact Assessments (PIAs)
- Zeng has comprehensive experience preparing PIAs, particularly relating to digital health products and information technology infrastructure.
- Prepared PIAs for digital transformation projects, including the use of Passkeys, Digital Identity, management of the myGov platform and identity verification.
- Preparation of PIAs for the introduction of new technology to assist government agencies to respond to health, safety and environment incidents.
- Prepared PIAs for the Australian Immunisation Register and self-service referral for My Aged Care.
Freedom of Information (FOI)
- Advised several Commonwealth agencies on drafting decisions under the Freedom of Information Act 1982 (FOI Act) and prepared submissions to the Office of the Australian Information Commissioner (OAIC). Submissions particularly addressed sensitive information which have been the subject of consultation with private sector bodies.
- Supported Commonwealth agencies’ FOI function by managing complex and significant FOI requests which gave rise to issues relating to parliamentary privilege and commercial-in-confidence information.
- Undertook secondments with government clients in the role of FOI coordinator. Prepared decisions under the FOI Act relating to charges and internal reviews, and undertook consultations with other government agencies and the private sector.
Dispute Resolution & Litigation
- Zeng has successfully acted for the Commonwealth in a range of merits and judicial review proceedings, including matters under the Migration Act 1958 (Cth), Australian Citizenship Act 2007 (Cth), Fair Entitlements Guarantee Act 2012 (Cth), National Disability Insurance Scheme Act 2013 (Cth), Pooled Development Funds Act 1992 (Cth), Industry Research and Development Act 1986 (Cth), Aged Care Act 1997 (Cth) and Health Insurance Act 1973 (Cth).
- Acted for the Australian Government in proceedings commenced by several education providers, which sought orders quashing certain decisions and compelling the Commonwealth to pay it a substantial sum of public money (over $500 million). The matters involved complex issues of statutory interpretation and were run within a tight timeframe, with a number of matters being heard months after proceedings were commenced.
- Acted for the Australian Government in Federal Court proceedings involving inappropriate practice by medical practitioners when providing Medicare services. These matters involved complicated statutory interpretation issues and administrative law questions, including the application of statistical sampling methodologies and the use of implied powers.
Compensation and legal liability
- Advised Commonwealth agencies on compensation and liabilty claims, including compensation under the Compensation for Detriment caused by Defective Administation (CDDA) scheme and Act of Grace matters.
- Advised government agencies in relation to claims made under the COVID-19 vaccine compensation scheme.
Agriculture
- Advised the Commonwealth on complex statutory interpretation and public law issues, including the transfer of sensitive information to third parties, biosecurity risks, payment of excise, levies and tariffs for horticultural products and beef exports.
Environment
- Advised the Commonwealth on a prospective application for a special circumstances exemption under regulation 342 of the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995. This was the first time a special circumstances exemption was proposed to be assessed under the relevant legislative framework.
- Prepared statements of reasons for decisions made under section 75 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
Awards and recognition
Best Lawyers in Australia
‘Ones to Watch’ | Government Practice
Memberships
Law Society of Australian Capital Territory