DATA AVAILABILITY AND TRANSPARENCY ACT 2022 (NO. 11, 2022)
Table of Provisions
CHAPTER 1--Preliminary
PART 1.1----INTRODUCTION
- 1 Short title
- 2 Commencement
- 3 Objects
- 4 Simplified outline of this Act
- 5 Act binds the Crown
- 6 Extension to external Territories
- 7 Extraterritorial operation
PART 1.2----DEFINITIONS
- 9 Definitions
- 10 References to access to data
- 11 Entity definitions
- 11A The data sharing project
CHAPTER 2--Authorisations
PART 2.1----INTRODUCTION
- 12 Simplified outline of this Chapter
PART 2.2------AUTHORISATIONS
- 13 Authorisation for data custodian to share public sector data
- 13A Authorisation for accredited user to collect and use data
- 13B Authorisation for ADSP to act as intermediary
- 13C Authorisation for data custodian to collect and use submitted data
- 14 Penalties for unauthorised sharing
- 14A Penalties for unauthorised collection or use
PART 2.3----DATA SHARING PURPOSES AND PRINCIPLES
PART 2.4----PRIVACY PROTECTIONS
- 16A General privacy protections
- 16B Purpose-specific privacy protections
- 16C Project involving use of de-identification or secure access data services
- 16D Project involving complex data integration services
- 16E Privacy coverage condition
- 16F Compliance with APP-equivalence term
PART 2.5----WHEN SHARING IS BARRED
- 17 When sharing is barred
PART 2.6----DATA SHARING AGREEMENTS
PART 2.7----ALLOWED ACCESS TO OUTPUT OF PROJECT
- 20A Allowed access: providing data custodian of source data with access to ADSP-enhanced data or output
- 20B Allowed access: providing access to output for validation or correction
- 20C Allowed access: providing access to or releasing output in other circumstances
- 20D Allowed access: sharing under section 13
- 20E Exit of ADSP-enhanced data or output of project
- 20F Data custodian of output of project
PART 2.8----RELATIONSHIP WITH OTHER LAWS
CHAPTER 3--Responsibilities of data scheme entities
PART 3.1----INTRODUCTION
- 24 Simplified outline of this Chapter
PART 3.2----GENERAL RESPONSIBILITIES
- 25 No duty to share but reasons required for not sharing
- 26 Comply with rules and data codes
- 27 Have regard to guidelines
- 30 Comply with conditions of accreditation
- 31 Report events and changes in circumstances affecting accreditation to Commissioner
- 32 Not provide false or misleading information
- 33 Registration of data sharing agreements
- 34 Assist Commissioner in relation to annual report
PART 3.3----DATA BREACH RESPONSIBILITIES
- 35 Definition of data breach
- 36 Take steps to mitigate data breach
- 37 Interaction with Part IIIC of the Privacy Act 1988 (notification of eligible data breaches)
- 38 Notify Commissioner of non-personal data breach
CHAPTER 4--National Data Commissioner and National Data Advisory Council
PART 4.1----INTRODUCTION
PART 4.2----NATIONAL DATA COMMISSIONER
Division 1--Establishment, functions and powers
- 41 National Data Commissioner
- 42 Functions
- 43 Advice related functions
- 44 Guidance related functions
- 45 Regulatory functions
- 45A Education and support related functions
- 46 Application of finance law
- 47 Staff
- 48 Contractors
- 49 Consultants
- 50 Delegation by Commissioner
- 51 Independence of Commissioner
- 52 Commissioner not to be sued
Division 2--Terms and conditions etc
- 53 Appointment
- 54 General terms and conditions of appointment
- 55 Other paid work
- 56 Remuneration
- 57 Leave of absence
- 58 Resignation
- 58A Disclosure of interests to Minister
- 59 Termination of appointment
- 60 Acting appointments
PART 4.3----NATIONAL DATA ADVISORY COUNCIL
- 61 Establishment and function of Council
- 62 Membership of Council
- 63 Appointment of members
- 64 Term of appointment
- 65 Remuneration and allowances
- 66 Leave of absence
- 67 Disclosure of interests to Minister or Commissioner
- 68 Disclosure of interests to Council
- 69 Resignation of members
- 70 Termination of appointment of members
- 71 Other terms and conditions of members
- 72 Procedures
CHAPTER 5--Regulation and enforcement
PART 5.1----INTRODUCTION
- 73 Simplified outline of this Chapter
PART 5.2----ACCREDITATION FRAMEWORK
Division 1--Accreditation
- 74 Accreditation
- 75 Notice of accreditation decision
- 76 Application for accreditation
- 77 Criteria for accreditation
- 77A General provisions relating to accreditation
Division 2--Conditions of accreditation
- 77B Conditions of accreditation
- 78 Imposition, variation or removal of conditions of accreditation by accreditation authority
- 79 Notice before decision relating to conditions of accreditation
- 80 Notice of conditions
Division 3--Suspension and cancellation of accreditation
- 81 Suspension or cancellation of accreditation
- 82 Notice before decision about suspension or cancellation
- 83 Notice of suspension or cancellation
- 83A Lifting of suspension
Division 4--Renewal of accreditation of ADSPs
Division 5--Rules and further information
PART 5.3----COMPLAINTS
Division 1--Scheme Complaints
- 88 Making scheme complaints
- 89 Respondents
- 90 Communicating with complainant
- 91 Dealing with complaints
- 92 Grounds for not dealing with complaints
- 93 Admissibility of things said or done in conciliation
Division 2--General complaints
- 94 Making general complaints
- 95 Dealing with complaints
- 96 Admissibility of things said or done in conciliation
PART 5.4----ASSESSMENTS AND INVESTIGATIONS
- 99 Assessments
- 100 Notices of assessment
- 101 Investigations
- 102 Determination on completion of investigation
- 103 Notices relating to investigation
- 103A Recommendations
PART 5.5----REGULATORY POWERS AND ENFORCEMENT
- 104 Power to require information and documents
- 105 Legal professional privilege
- 106 Limits on power to require information and documents
- 107 Transfer of matters to appropriate authority
- 108 Authorisation for Commissioner to disclose and receive information
- 109 Monitoring powers
- 110 Investigation powers
- 112 Directions
- 113 Civil penalty provisions
- 114 Infringement notices
- 115 Enforceable undertakings
- 116 Injunctions
CHAPTER 6--Other matters
PART 6.1----INTRODUCTION
- 117 Simplified outline of this Chapter
PART 6.2----REVIEW OF DECISIONS
- 118 Reviewable decisions
- 119 Applications for reconsideration of decisions made by delegates of the reviewer
- 120 Reconsideration by reviewer
- 121 Deadline for reconsideration
- 122 Review by the Administrative Appeals Tribunal
PART 6.3----EXTENSION OF AUTHORISATIONS AND ATTRIBUTION OF CONDUCT
- 123 Designated individuals and designation
- 124 Extension of authorisations to share, collect or use data
- 125 Other things an entity may or must do under the data sharing scheme
- 125A Contraventions by entities of civil penalty provisions and other non-criminal breaches of this Act
- 125B Offences by entities against this Act
PART 6.4----DATA SHARING SCHEME INSTRUMENTS
- 126 Data codes
- 127 Guidelines
- 128 Register of ADSPs
- 129 Register of accredited users
- 130 Register of data sharing agreements
- 131 Recognition of external dispute resolution schemes
- 132 Approved forms
- 133 Rules
- 134 Regulations
PART 6.5----OTHER MATTERS
- 135 Disclosure of scheme data in relation to information-gathering powers
- 135A Data held by National Archives of Australia
- 136 Geographical jurisdiction of civil penalty provisions and offences
- 137 Authorised officers and individuals authorised to do particular things
- 137A Delegation by Minister
- 138 Annual report
- 139 Charging of fees by Commissioner
- 140 Charging of fees by data scheme entities
- 141 Commonwealth not liable to pay a fee
- 142 Periodic reviews of operation of Act
- 143 Sunset of the data sharing scheme