Request Advice from the National Data Commissioner

• Data Custodians: Commonwealth bodies that control public sector data.
• Accredited Data Service Providers (ADSPs): Entities accredited to provide data services under the Scheme.
• Accredited Users: Entities accredited to use data under the Scheme.

• Anyone acting within the scope of their duties within Scheme entities: Individuals whose roles require them to be involved in Scheme-related activities may submit requests for advice.

• Self-Bound Advice: The Commissioner provides a written commitment that no regulatory action will result if an entity acts in accordance with the advice provided by them, provided circumstances remain as specified.
• Reflects Commissioner's Understanding of the Law: The advice is based on the Commissioner's interpretation of the Act, subordinate legislation, and other laws at that point in time.
• Incorporation of Previous ONDC Policy or Regulatory Advice: Previous ONDC policy and regulatory advice or legal advice provided to the ONDC will be considered when developing advice.

• Confidential by Default: Advice remains private to the requesting entity unless they choose to disclose it or request public disclosure by ONDC.
• Public Guidance: ONDC may draw on the regulatory principles or positions reflected in the advice to publish public guidance. However, other entities cannot rely on the commitment from the Commissioner in relation to the original advice when relying on related public guidance or advice that may be disclosed by the original requesting entity.

1. Pre-Advice Consultation:
   • Entities can engage in preliminary discussions with the ONDC to clarify their questions and refine their request. This step helps entities understand the requirements for submitting a request and ensures it meets the criteria for the Advice Function.
   • Please email information@datacommissioner.gov.au and ONDC will contact you to arrange preliminary discussions.
2. Submission of Request:
   • Requests for advice can be submitted by emailing information@datacommissioner.gov.au. As a minimum, the request should include:
     • Name of the requesting entity
     • Specific questions on which advice is sought
     • Relevant background information and context
     • Information to identify the data sharing project (existing or under negotiation) that the request relates to, if any
     • Indication of timeframes relevant for the advice and reason for urgency if applicable.
3. Acknowledgment of Request:
   • ONDC will send an acknowledgment email to the requesting entity, confirming receipt and outlining next steps.
4. Review of Request:
   • ONDC reviews the request to ensure it meets the criteria for the Advice Function. If necessary, ONDC may contact the requesting entity to seek additional information or clarification.
5. Advice Development Consultation:
   • While considering and preparing the advice, ONDC may engage in further consultations with the requesting entity to ensure a thorough understanding of the specific circumstances and to clarify any additional details.
6. Provision of Advice:
   • The Commissioner provides a written response outlining how the Scheme applies to the specific circumstances described in the request. The advice includes the nature of the advice and the Commissioner's commitment that no regulatory action will result if the entity acts in accordance with the advice, provided circumstances remain as specified.
7. Post-Advice Debrief:
   • Entities can have follow-up discussions with the ONDC to understand the advice in detail, discuss its implications, and address any further questions or concerns. This ensures that entities fully comprehend the advice and can implement it effectively.

• Service Level Commitment:
  • ONDC commits to acknowledging requests within three business days. ONDC will also advise entities of the expected timeframe for a substantive response based on the complexity and urgency of the request and ONDC capacity.
• Timeframe and Urgency Marker:
  • Entities can indicate timeframes relevant to the request and its urgency in their submission. ONDC will endeavour to prioritise requests based on the indicated urgency.
• Consistency with Other ONDC Guidance:
  • ONDC will review existing guidance as part of considering the request and drafting advice. ONDC will update existing guidance or develop new public guidance based on the regulatory principles or positions reflected in the advice issued to entities.
• Withdrawal or Revision of Advice:
  • The Commissioner may withdraw advice if there is a material change in the interpretation of the law, new legislative developments, or other significant changes that affect the validity of the original advice. ONDC will notify the affected entity of the withdrawal of advice, providing reasons and relevant context.

The following advice has been published by the ONDC at the request of the requesting entities. Other entities may draw on the principles outlined in this advice but should be aware that it may not be relevant to their specific circumstances.

• 13 January 2025: Advice issued in response to a request from the NDDA Commonwealth Partners about the use of the Act to authorise access to the National Disability Data Asset (NDDA)

  Publication of National Data Commissioner's Advice on NDDA | Office of the National Data Commissioner