Expanding the future of public data sharing
The Australian Government’s current review of the Data Availability and Transparency Act 2022 (DAT Act) will consider the effectiveness of the DAT Act’s operation and whether it should continue beyond its sunset date in 2027. The review is also examining whether the DATA Scheme should be extended to the private sector.
The DAT Act aims to enhance the accessibility and utility of government data, fostering innovation, improving public services and benefiting 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 the DATA Scheme, a legislative scheme for sharing government data.
Led by Stephen King, the review considers whether the DAT Act supports improved public sector data availability and transparency, including the controlled sharing of public sector data; whether the operation of the DAT Act has advanced its intended objectives; and how the Act compares and interacts with other existing mechanisms for accessing, sharing and using public sector data. It will also look at whether the DAT Act should remain in force beyond its current sunset date of 1 April 2027 and if the scope of the DATA Scheme should be expanded to include private and non-government sector participants.
Since the DAT Act’s inception, key milestones include the appointment of Gayle Milnes as National Data Commissioner and the establishment of the National Data Advisory Council, chaired by Rod Sims AO. The DATA scheme has also achieved accreditation for 36 entities and registration of eight data-sharing agreements, along with the creation of two data codes to support it.
All existing data-sharing agreements under the scheme relate to the National Disability Data Asset (NDDA), which brings together data from across jurisdictions to improve understanding of and support for people with disabilities.
Commonwealth, state, and territory entities, along with some Australian universities, currently hold accreditation under the DATA Scheme. The review is seeking input on whether expanding its scope could deliver greater public benefit, including allowing private sector and not-for-profit organisations to access data for research purposes. The Productivity Commission’s Advancing Prosperity Report recommends the Australian Government enable secure sharing of government data with the private sector to support research and development of improved products and services for Australians.
While enforcement-related data sharing is excluded from the DATA Scheme, a 2024 survey of 19 Commonwealth entities found that over 11,000 data-sharing agreements exist outside the Scheme. This suggests expanding the scheme could uplift the regulatory safeguards for a broader range of data sharing.
The review of the DAT Act presents an opportunity to reflect on the progress made in public sector data sharing and explore enhancements that can further support transparency, innovation and improved outcomes for everyone.
Elizabeth Carroll, LLM, LLB, BA, is an award-winning lawyer and Managing Partner at Holding Redlich in Canberra, specializing in administrative law, data privacy, and regulatory compliance. With over 20 years of experience, she has held key leadership roles, including Chief Legal Counsel at IP Australia, advising government agencies on complex legal, legislative, and technology-driven challenges. An Executive Member of the Law Council of Australia, Elizabeth combines deep public-sector insight with a commitment to professional standards and probity. Her strategic counsel helps government leaders navigate legal risks while harnessing technology for public benefit.
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