The document summarizes plans by the Australian Government to establish new legislation and institutions to streamline access to and use of public sector data. Key points include: - A new Commonwealth Data Sharing and Release Act will be introduced in 2019 to provide consistent rules for sharing data and establish a National Data Commissioner to oversee the system. - The National Data Commissioner will ensure transparency, accountability, security, and appropriate risk management in data sharing. - New rules will focus on enabling data to be shared for purposes like research and policy-making, while protecting privacy and building public trust in data use. - The government will continue consulting stakeholders on the legislation to address concerns and help the public understand the reforms.

1. DEPARTMENT OF THE
PRIME MINISTER AND CABINET
Data Sharing and Release Legislation
Unlocking the value from publicly funded clinical research data
Office of the National Data Commissioner

2. 2PRIME MINISTER & CABINET
To unlock the potential of data, the Australian Government has agreed to a suite of
reforms recommended by the Productivity Commission
A new Commonwealth Data Sharing and Release Act will streamline access and use of data by overcoming
barriers and providing a strong focus on identifying and managing risk. Under the proposed timelines, the
Bill is expected to be introduced in the second half of 2019.
The National Data Commissioner (NDC) will oversee new institutional and governance arrangements for data
sharing and release to find a balance between using data for the benefit of society and ensuring community
trust in the safe use of data.
National Data Commissioner
An Advisory Panel with cross-sectoral experts across data-driven industries will be established to advise the
NDC on ethical data use, technical best practice, and industry and international developments.
National Data Advisory Council
Data Sharing and Release Act

3. 3PRIME MINISTER & CABINET
• Establishing the National Data Commissioner and National Data Advisory Council
• Ensuring transparency, accountability, and security of data sharing
• Ensuring risk management applies and is appropriate in different settings
• Appropriate monitoring, audit, and oversight by the National Data Commissioner
Build trust in use of public data
Safeguard data sharing and release in a consistent and appropriate way
Enhancing the integrity of the data system
Establishing institutional arrangements
• Optimising use and re-use of data by streamlining sharing and release
• Ensuring data is shared for the right purposes
Promote better sharing of public sector data
The legislation will be principles-based and focus on promoting better use of public
sector data through safe sharing

4. 4PRIME MINISTER & CABINET
Sharing should occur for the right reasons (Purpose Test)
 Research and development
 Informing government policy
 Program design, implementation and evaluation
 Improving Government service delivery

5. 5PRIME MINISTER & CABINET
Public sector data is
available to
appropriate users
Outputs are appropriate for
sharing or release
Data Sharing
Principles
Data
Purpose
Settings
People
Outputs
The legislation will apply a risk-managed approach which requires consideration of Data
Sharing Principles
Data sharing or release is
for an appropriate project
or program of work
The environment in which data
is shared or released minimises
the risk of unauthorised use
Appropriate protections
are applied to the data
Based on the Five-Safes Framework, the Data Sharing Principles
can be dialled up or down to effectively manage risk

6. 6PRIME MINISTER & CABINET
The data sharing framework
use existing process
Data Custodian (or Accredited Data Authority if authorized by the Data Custodian) considers
whether to share data
No
No
Yes
Yes
Does the reason for using data meet the purpose test in the Data Sharing legislation
Unable to share under
this legislation
No
Yes
Decision to share, conditions set in the Data Sharing Agreement
Share Data
Data is shared, having managed risks
Data Sharing legislation may provide alternate authority to share data
Can risks of sharing be reasonably and effectively managed using the Data Sharing
Principles?
Can data be shared easily under existing authority?
Do not share data
If risks cannot be treated
sufficiently

7. 7PRIME MINISTER & CABINET
The data sharing framework will establish different roles with key responsibilities
Data Custodians
• Government bodies that are the primary collectors or generators of data
• Need to establish that Purpose Test is met and DS&R safeguards fulfilled
Accredited Data Authorities
• Accredited by NDC
• Hubs of expertise in data curation, de-
identification, and linkage
• Not new bodies
Accredited Users
Data received subject to DS&R safeguards
• Government and non-government bodies
• Accredited Users
• Strict limits on data on-sharing
Data requests
(NDC to monitor)
Subject to any conditions
in original Data Sharing
Agreement
Data Sharing Agreement outlines purpose of
sharing and how safeguards are being met
National Data
Commissioner
• Oversight
• Regulation
• Guidance
• Accreditation
Data Sharing Agreement

8. 8PRIME MINISTER & CABINET
Since the ONDC was established in July 2018, we have consulted widely on the data
reforms focusing on the development of new data sharing legislation
We heard general support for:
National Data Commissioner
as champion and regulator
Excluding data sharing for
integrity purposes e.g. compliance
National system
Stakeholders wanted more details on:
Interaction with
other legislation
and data schemes
Distinguishing
service delivery
from compliance
Resourcing and
charging within the
system
Redress e.g. merits
review and
complaints
Purpose test and excluded
purposes for sharing
Penalties that rebound to original
legislation, if sharing is not
authorised by the Data Sharing Act
Interaction between new
legislation and existing
release mechanisms
We have taken these on board through clarifying:
An important step forward is for the ONDC to showcase how consultation has shaped legislation

9. 9PRIME MINISTER & CABINET
In 2019, ongoing engagement and consultation will help us better understand concerns
and inform the Australian people of our reforms to build trust and confidence
Who? Why? How?
External to government
• The public
• Special interest groups
• Academic researchers
• Private sector businesses
• Media
• Future Accredited Users
• Understand public views and
concerns
• Design acceptable legislation
• Communicate more effectively
• Build trust and confidence
• Position the ONDC as a trusted voice
• Sentiment testing
• Public lectures, conferences, roundtables
in capital cities and in regional areas
• Website and social media
• Editorials and opinion pieces
• Independent Privacy Impact Assessment
States and Territories
• Australian Digital Council
• Senior Officials Group
• Jurisdictional counterparts
• Foster a national system
• Promote the legislation
• Collaborate for consistent
approaches e.g. guidance
• Increase understanding of what is
mutually beneficial and needed
• Seek advice and input at senior level
meetings
• Workshops
• Working groups
• Presenting at cross-jurisdictional forums
Within the Commonwealth
• Commonwealth agencies
• Data Custodians
• Accredited Integrating
Authorities
• Accredited Users
• Finalise policy decisions which
address barriers within the system
• Ensure the practical aspects of the
legislation serve their intended
purpose
• Roundtables
• Interdepartmental Committees
• Workshops
• Accredited Data Authority working group
Engaging with the public helps us communicate how we use data, understand their concerns and
show we are serious about listening to their views.

10. 10PRIME MINISTER & CABINET
We will continue to consult and seek feedback as we develop the legislation
Key activities:
• Public consultation on the
exposure draft of the Bill,
including a series of
roundtables
• Consultation within
government
Roundtables and developing
the legislation: March
Key activities:
• Hosting roundtables with
academics, privacy
advocates and peak bodies
• Bilateral meetings
• Privacy Impact Assessment
(Galexia)
Draft Bill:
Second half of 2019
Advice to Government and
legislation development:
June – August 2019
Throughout these processes, ongoing consultation will occur through bilateral meetings, blog posts, speaking and conference
engagements, social media, the Open Government Forum, the National Data Advisory Council, and other forums as appropriate.
Key activities:
• Further roundtables in
capital cities and regional
areas
• Blog posts
• Bilateral meetings