Consultation on the Data Availability and Transparency Bill 2020

The Australian Government released an exposure draft of the Data Availability and Transparency Bill 2020 for public comment on 14 September 2020.

The legislative package, which includes an exposure draft of the Bill, explanatory materials and a Discussion Paper on the draft Accreditation Framework, is open for comments and submissions until 5.00pm AEDT, Friday 6 November 2020. 

You can read the public submissions on the Submissions page of our website.

Watch our Webinar

On 14 October 2020 we hosted a webinar to answer your questions about the Bill. Follow the link to view the webinar recording and transcript.

Summary

Work through the boxes below to download the exposure draft of the Bill, explanatory materials and the draft Privacy Impact Assessment. 

Simplified Summary of the Bill

Do you need a map to navigate the exposure draft of the Bill and associated materials? Download the consultation paper for a plain language overview to help guide you.

Data Availability and Transparency Bill Exposure Draft

The legislation aims to modernise and streamline the sharing of government data between agencies and with the private and research sectors.

Under the legislation, data will only be shared for three purposes:

  1. Government services delivery – more convenient access to the information and services you need.
  2. Informing Government policy and programs – planning for the future based on the best available information.
  3. Research and development – to enable academics, scientists and innovators to make our economy, environment and society healthier and more prosperous.

 

The explanatory memorandum of the Bill provides an overview and explains, clause by clause, the policy intent. It provides useful context and the rationale for the Bill and its underpinning policies.

 

Consequential Amendments Bill

The Exposure Draft Data Availability and Transparency (Consequential Amendments) Bill explains where other legislation needs to change to support the Bill.

 

The explanatory memorandum of the Consequential Amendments Bill provides an overview and explains, clause by clause, the policy intent. It provides useful context and the rationale for the Consequential Amendments Bill and its underpinning policies.

 

 

Regulations and Explanatory Statement

The Exposure Draft Data Availability and Transparency Regulations ensure that particular secrecy provisions in existing Acts are not overridden by the authorisation to share data in the Data Availability and Transparency Bill.

 

The Exposure Draft Explanatory Statement is a guide to assist with the interpretation of the Exposure Draft Regulations.

 

Privacy Impact Assessment

We have taken a privacy-by-design approach, considering privacy impacts at every stage of legislative development.

The first independent Privacy Impact Assessment assessed the data sharing framework and made recommendations to strengthen the framework's privacy protections, which we used to inform our drafting of the Bill. We commissioned a second independent Privacy Impact Assessment on the Bill to assess its privacy impacts and make recommendations about how we could minimise and mitigate those impacts, and strengthen the privacy safeguards in the scheme. 

We have released the Privacy Impact Assessment as a draft, so that we can update it in response to changes to the Bill that may occur following public consultation. Our responses will be updated to reflect any new or amended recommendations in the final Privacy Impact Assessment later in the year. We will then publish the final Privacy Impact Assessment and our responses.

Read through the draft Privacy Impact Assessment and our response here:

 

Resources