Review of the Data Availability and Transparency Act

The Australian Government is current conducting a review of the Data Availability and Transparency Act 2022 (DAT Act) which will consider the effectiveness of the DAT Act’s operation and whether it should continue beyond its sunset date in 2027. Consultation is currently underway to gather the public’s views on public sector data sharing and the DAT Act.

The DAT Act aims to enhance the accessibility and utility of government data, fostering innovation, improving public services and generating benefits for the Australian community. A new mechanism for sharing public sector data was recommended by the Productivity Commission in its 2017 Inquiry Report into Data Availability and Use. The DAT Act established a legislative scheme for sharing Australian Government data, known as the DATA Scheme.

Review of the DAT Act

Section 142 of the DAT Act requires a review of the DAT Act to be completed by 1 April 2026. This requirement aims to ensure the DAT Act remains relevant, fit-for-purpose and meets public expectations. To support the consultation process, the Australian Government has published an Issues Paper setting out background and key consultation points for discussion.

Led by Dr Stephen King, the review will consider:

• does the DAT Act support improved public sector data availability and transparency, including sharing public sector data in a controlled way?
• has the operation of the DAT Act advanced its objects?
• how does the operation of the DAT Act compare and interact with other existing mechanisms for facilitating access to, sharing and use of public sector data?
• what is the level of stakeholder satisfaction with the operation of the DAT Act as a tool for reducing barriers and enabling effective access to, sharing and re-use of public sector data?
• should the DAT Act remain in force past its current sunset date of 1 April 2027?

Progress since the DAT Act’s inception

Achievements under the DAT Act as at 17 May 2025 include:

• appointment of Gayle Milnes as the National Data Commissioner
• establishment of the National Data Advisory Council, chaired by Rod Sims AO
• 35 entities accredited to participate in the DATA Scheme
• 8 data sharing agreements registered under the DATA Scheme
• 2 data codes created to support the DATA Scheme.

All the data sharing agreements registered under the DATA Scheme relate to the National Disability Data Asset (NDDA). The NDDA brings together data from across Australia to better understand and meet the needs of people with disability. The Department of Social Services is responsible for the NDDA, working with Australian Government agencies, and state and territory governments to include data in the NDDA. The first release of the NDDA occurred in December 2024, paving the way for applications for research projects.

Issues

Accreditation under the DATA Scheme is limited to Commonwealth entities, states and territory entities and some Australian universities. The review seeks feedback on whether there may be benefits to expanding the scope of the DATA Scheme to allow additional participants.

An important policy issue is whether private sector entities and non-government entities should be allowed to participate in data sharing under the Scheme, given the potential public benefits of allowing privately funded research institutes and not-for-profit entities to access data for research purposes. Recommendation 4.3 of the Productivity Commission’s Advancing Prosperity Report recommends the Australian Government enable government data to be security shared with the private sector, so that not-for-profit organisations and business can undertake research and develop improved products and services for Australians. The Report states:

“This could be enabled by extending the Data Availability and Transparency Act 2022 (Cth). Extension could be gradual, starting with accrediting private organisations and research purposes to achieve social objectives, before being opened for accredited businesses to use the data commercially.”

Further, sharing for any enforcement related purpose is precluded under the DATA Scheme. Nonetheless, data sharing for enforcement purposes may occur outside the Scheme. A June 2024 survey of 19 Commonwealth entities found those departments and agencies responding had over 11,000 data sharing agreements outside the DATA Scheme. Noting the protections on data sharing under the DATA Scheme, there may be potential public benefit in expanding the scope of the Scheme to uplift the regulatory safeguards for a wider range of sharing.

Takeaways

The review of the DAT Act presents an opportunity to reflect on the progress made in public sector data sharing and to consider enhancements that can further support transparency, innovation, and improved outcomes for Australians. Submissions may be made by email to DATActReview@finance.gov.au by midnight on 30 May 2025.

If you have any questions about the review or would like more information about how you can use the DAT Act to share information, please get in touch with our team below.

Disclaimer
The information in this article is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this article is accurate at the date it is received or that it will continue to be accurate in the future.

Published by:

Elizabeth Carroll

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