There is to be a National Data Commissioner.

The Commissioner is the regulator for the data sharing scheme, and provides advice and guidance about it. The Commissioner also has the function of regulating and enforcing the scheme, which includes dealing with complaints that data scheme entities make about each other, and other complaints relating to the scheme's administration or operation.

In addition, the Commissioner's functions include educating and supporting Commonwealth bodies more generally in relation to sharing and safely handling public sector data.

The Commissioner is assisted in the performance of these functions by APS employees in the Department who are made available by the Secretary. The Commissioner may also engage contractors and consultants.

The Commissioner is also assisted by the advice of the National Data Advisory Council.

The constitutional basis for the roles of the Commissioner and Council is set out in subsections 42(2) and 61(2).