The statutory review of the Data Availability and Transparency Act 2022 (the Review) commenced on 27 March 2025 and was provided to the Minister for Finance on 11 November 2025.
The Review was led by Dr Stephen King. Dr King is a Commissioner to the Productivity Commission and Professor of Practice at Monash University. Dr King has held previous roles as a Member of the Australian Competition and Consumer Commission, Professor of Economics at the University of Melbourne and Professor of Management (Economics) at the Melbourne Business School.
The review considered the effectiveness of the Act and whether its operation supports improvements in public sector data availability, sharing and transparency. The Government is considering its response to the Review.
Terms of Reference
The review considered the following:
- Does the Act support improved public sector data availability and transparency, including sharing public sector data in a controlled way?
- Has the operation of the Act advanced its objects?
- How does the operation of the Act compare and interact with other existing mechanisms for facilitating access to, sharing and use of public sector data?
- Stakeholder satisfaction with the operation of the Act as a tool for reducing barriers and enabling effective access to, sharing and re-use of public sector data.
- Should the Act remain in force past its current sunset date of 1 April 2027?
- Any other relevant matters.
Methodology
To inform the review, the following processes were undertaken:
- Conducted a public, online consultation process, informed by an issues paper.
- Consulted and invited public submissions from stakeholders, including eligible participants in the Data Availability and Transparency Act 2022 Scheme (DATA Scheme).
- Consulted and invited the National Data Commissioner to make a submission.
- Regard to recent reviews undertaken by the Office of the National Data Commissioner, and other stakeholders, on the operation of the DATA Scheme.
- Undertook research and consultation on related work impacting data sharing including:
- Productivity Commission’s 2017 Report on Data Availability and Use Inquiry
- review of the Privacy Act 1988
- domestic and international data sharing legislation.
Public Consultation
Initial public consultation
The initial public consultation sought views on an Issues Paper which contemplated the effectiveness and operation of the Act. Submissions to the Issues Paper closed on 30 May 2025. The Issues Paper received a total of 62 public submissions.
Draft findings and recommendations
The Review sought public submissions on its draft findings and recommendations developed following the initial consultation.
Consultation on the Draft Findings and Recommendations Paper ended on 8 August 2025. The Draft Findings and Recommendations Paper received a total of 25 public submissions.
Final Report
The Minister presented a copy of the Final Report to both Houses of the Parliament on 3 March 2026. A copy of the Final Report is available for download.
