The Australian Government has commenced the statutory review of the Data Availability and Transparency Act 2022 in accordance with Section 142 of the Act.
Leading the review is Dr Stephen King. Dr King brings a wealth of experience as a Commissioner to the Productivity Commission and Professor of Practice at Monash University. His previous roles include Member of the Australian Competition and Consumer Commission, Professor of Economics at the University of Melbourne and Professor of Management (Economics) at the Melbourne Business School.
The review will consider the effectiveness of the Act and whether its operation supports improvements in public sector data availability, sharing and transparency.
There will be opportunities for stakeholders and members of the public to provide their feedback to the Review.
Further details will be announced soon.
To be added to a contact list for further communications, please email DATActReview@finance.gov.au.
Statutory Review of the Data Availability and Transparency Act 2022 - Terms of Reference
Objective
The review will consider the effectiveness of the Data Availability and Transparency Act 2022 (the Act) and whether its operation supports improvements in public sector data availability, sharing and transparency.
Context
Section 142 of the Act requires the Minister to cause periodic reviews of the Act’s operation to be undertaken.
Terms of Reference
The review will consider:
- Does the Act support improved public sector data availability and transparency, including sharing public sector data in a controlled way?
- Has the operation of the Act advanced its objects?
- How does the operation of the Act compare and interact with other existing mechanisms for facilitating access to, sharing and use of public sector data?
- Stakeholder satisfaction with the operation of the Act as a tool for reducing barriers and enabling effective access to, sharing and re-use of public sector data.
- Should the Act remain in force past its current sunset date of 1 April 2027?
- Any other relevant matters.
Methodology
To inform the review, the following processes will be undertaken:
- Conduct a public, online consultation process, informed by an issues paper.
- Consult and invite public submissions from stakeholders, including eligible participants in the Data Availability and Transparency Act 2022 Scheme (DATA Scheme).
- Consult and invite the National Data Commissioner to make a submission.
- Have regard to recent reviews undertaken by the Office of the National Data Commissioner, and other stakeholders, on the operation of the DATA Scheme.
- Undertake research and consultation on related work impacting data sharing including:
- Productivity Commission’s 2017 Report on Data Availability and Use Inquiry
- review of the Privacy Act 1988
- domestic and international data sharing legislation.
Reviewer
The review will be led by an appropriately experienced independent reviewer, supported by a Secretariat function. The Secretariat function will be stood up in the Department of Finance, with secondees from agencies.
Timing and outcomes
Section 142 of the Act outlines that the review must start by, and be completed within, 12 months (or a longer period agreed by the Minister) of the third anniversary of the commencement of the Act. The Act came into effect on 1 April 2022.
The review will commence in early 2025, with the report to be presented to the Minister in the second half of 2025.
The Act specifies that the Minister must present a copy of the report to both Houses of the Parliament within 15 sitting days of receiving the report.
