The future of the Data Availability and Transparency Act: Insights from the Final review

The Statutory Review of the Data Availability and Transparency Act 2022 - Final Report (Review), tabled in Parliament on 3 March 2026, presents a thorough assessment of the operation of the Data Availability and Transparency Act 2022 (DAT Act), making 15 recommendations aimed at creating an efficient and consistent framework for sharing public sector data. The Review recommends the DAT Act not be allowed to sunset and indicates significant amendments are required to ensure that the legislation provides a clear authorising pathway that enables better sharing of Australian Government data.

Productivity Commission reform

The DAT Act was developed following the recommendation of the Productivity Commission’s 2017 Report on Data Availability and Use. The Report identified systemic barriers to data sharing across governments and called for a new legislative mechanism to support data sharing and safely unlock value from public data holdings. The Commission found that Australia’s public sector data was under‑utilised due to legal uncertainty, inconsistent practices and concerns regarding risk, and recommended a principles‑based framework supported by strong governance and oversight.

In response, the Australian Government legislated the DAT Act in 2022, establishing the DATA Scheme and creating the role of the National Data Commissioner to oversee sharing arrangements. Importantly, the DAT Act includes a sunset clause, under which the legislation will cease on 1 April 2027 without legislative intervention. Section 142 of the DAT Act requires a review of the legislation to be completed by 1 April 2026. A key focus of the Review was whether the DAT Act should be allowed to sunset or if its operation should be extended.

Limited uptake of the DATA scheme

The DAT Act includes a framework under which Commonwealth, state and territory government entities and Australian universities can apply for accreditation. As of 14 March 2026, 41 entities were accredited comprising 18 Australian Government entities, 12 Australian universities and 11 state and territory entities.

The Review identified that data sharing under the DATA Scheme itself has been limited. As of 14 March 2025, only a small number of formal data sharing agreements had been registered, with most activity concentrated in a single initiative—the National Disability Data Asset.

Sharing outside the DATA scheme

Despite limited use of the DATA Scheme, the Review recognises that data sharing across the Australian Government has increased markedly since the Productivity Commission Inquiry. Agencies are sharing data through existing legislative authorities, bespoke agreements, intergovernmental arrangements, and administrative mechanisms supported by privacy, secrecy and security laws.

Ten years is a long time in the data space; the Productivity Commission Inquiry which formed the basis for the DAT Act was initiated in March 2016, with the Commission completing its Report in 2017. Since the Economist famously featured the phrase ‘Data is the new oil’ on its May 2017 cover, the uplift in data capability across both the public and private sector has been substantial. This reflects a broader transformation in how data is understood and governed.

The Australian Government has invested heavily in data foundations, including the Australian Government Data Governance Framework, the APS Data Ethics Framework, and the introduction of a whole‑of‑government Data Maturity Assessment Tool. These initiatives have strengthened stewardship, clarified accountabilities and improved agencies’ confidence in managing data safely. The Review acknowledges this growing maturity, noting that risk aversion has increasingly been replaced by more nuanced, capability‑based decision‑making.

Review recommendations

The Review highlights that the DAT Act should be amended to provide greater flexibility and adaptability, particularly in a context of rapid technological change, expanding use of analytics and AI, and increasing expectations for cross‑jurisdictional collaboration. It also highlights gaps in the DAT Act’s ability to support participation by non‑government and not‑for‑profit organisations, and its limited recognition of First Nations data interests.

Key recommendations of the Review include amending the DAT Act to:

• take a principles-based approach to ensure clarity and flexibility
• embed a default posture of sharing data, with data custodians able to refuse requests in limited circumstances
• recalibrate the National Data Commissioner’s powers to focus on assurance, oversight and assisting data sharing decisions
• establish greater regulatory flexibility in the accreditation process
• expand eligibility for accreditation beyond government entities and universities, including medical research institutes, trusted not‑for‑profit and other non‑government organisations
• expand data‑sharing purposes, to include data curation and creation of data assets
• improve the operation of the service delivery purpose, particularly the interaction with the prohibition on enforcement-related purposes
• embed Indigenous data governance frameworks into decision-making processes
• expand participation in the DAT Act so that First Nations peoples are better heard, recognised and empowered to contribute to positive outcomes for Indigenous communities
• explicitly recognise the roles of state and territories in Commonwealth processes that involve jurisdictional data.

Takeaways

Without legislative intervention, the DAT Act will sunset on 1 April 2027. The Review provides a roadmap for substantial reform of the DAT Act to address issues raised by stakeholders and ensure the DATA Scheme achieves its objectives.

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Disclaimer
The information in this article is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this article is accurate at the date it is received or that it will continue to be accurate in the future.

Published by:

Elizabeth Carroll

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