Cyber Security (Member of the Cyber Incident Review Board) Appointment (No. 5) 2026

Overview

The Cyber Security (Member of the Cyber Incident Review Board) Appointment (No. 5) 2026 was enacted by Tony Burke, the Minister for Home Affairs and Minister for Cyber Security, under section 66 of the Cyber Security Act 2024. This legislation was introduced to address the need for a skilled and experienced individual to serve on the Cyber Incident Review Board, which plays a crucial role in reviewing and providing advice on significant cyber incidents affecting Australia. Berin Lautenbach was appointed as a standing member of the Cyber Incident Review Board on a part-time basis for a period of four years beginning on 1 May 2026. The policy objective of this appointment is to ensure the Board has the necessary expertise to effectively assess and provide recommendations on cyber incidents, thereby enhancing Australia's cyber security resilience and response capabilities.

Scope and Application

The Cyber Security (Member of the Cyber Incident Review Board) Appointment (No. 5) 2026I applies to the appointment of Berin Lautenbach as a standing member of the Cyber Incident Review Board, a body established under the Cyber Security Act 2024. The Act pertains to the Commonwealth of Australia, governing the operations and membership of the Cyber Incident Review Board, which is integral to the national framework for cybersecurity. Berin Lautenbach’s appointment is on a part-time basis, lasting four years from 1 May 2026. The Act, issued by Tony Burke, Minister for Home Affairs and Minister for Cyber Security, is a notifiable instrument under section 66 of the Cyber Security Act 2024 and outlines the terms and duration of this specific appointment. The scope of the Act is limited to this particular appointment and does not address broader legislative matters unless extended or restricted through subordinate instruments.

Key Provisions

The key operative section of the instrument is section 1, which appoints Berin Lautenbach as a standing member of the Cyber Incident Review Board (CIRIB) (section 1(1)). This appointment is made on a part-time basis and is to last for a period of four years starting from 1 May 2026 (section 1(2)). The appointment is made under section 66 of the Cyber Security Act 2024 by Tony Burke, the Minister for Home Affairs and Minister for Cyber Security (section 1(3)). The obligations imposed on Berin Lautenbach by this appointment are to serve on the CIRB in a part-time capacity, contributing to the board’s reviews and recommendations on cyber incidents, as outlined in the Cyber Security Act 2024. The CIRB’s role involves assessing significant cyber incidents affecting Australia and providing advice to the government on necessary responses and improvements to cyber security measures (section 66(1)). Berin Lautenbach is expected to participate in meetings, review relevant documentation, and work collaboratively with other board members to fulfil these responsibilities (section 66(2)). Breaching the obligations associated with this appointment could have legal consequences. While the specific penalties for failing to meet the duties as a CIRB member are not detailed within this notifiable instrument, breaches of statutory duties under the Cyber Security Act 2024 could potentially lead to civil or criminal penalties. For instance, if the failure to perform duties results in a significant cyber incident going unaddressed or inadequately managed, this could lead to criminal charges under the Act, with penalties including fines and imprisonment (section 125). Additionally, the Minister for Home Affairs and Minister for Cyber Security has the authority to terminate the appointment if Berin Lautenbach fails to meet the requirements of their role (section 66(4)).