The Australian Government has opened public consultation on the future of its data sharing framework after revealing that only eight agreements have been established under the scheme since its inception three years ago.

The Department of Finance released an Issues Paper last month to guide the statutory review of the Data Availability and Transparency Act 2022 (DAT Act), which was initiated by Finance Minister Senator Katy Gallagher on March 20. The review comes as the legislation approaches a critical sunset clause that would see it automatically expire in April 2027 unless Parliament intervenes.

The Issues Paper reveals that despite establishing a framework designed to facilitate secure data sharing between government bodies and accredited entities, uptake has been minimal. All eight data sharing agreements formed under the scheme relate solely to the National Disability Data Asset project.

"This represents a small fraction of the total current public sector data sharing," the paper notes, revealing that a survey of 19 Commonwealth entities showed they maintained over 11,000 data sharing agreements outside the DAT Act framework.

The review will examine whether the legislation should continue, be amended, or be allowed to sunset, with submissions open until May 30.

Dr Stephen King will lead the assessment, focusing on whether the Act has met its objectives of promoting better availability of public sector data while maintaining appropriate privacy and security safeguards.

Dr King is a Commissioner to the Productivity Commission and Professor of Practice at Monash University.  His previous roles include 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.

Key discussion points outlined in the Issues Paper include whether private sector and non-government organizations should be allowed to participate in the scheme, which currently limits accreditation to Commonwealth entities, state and territory entities, and Australian universities.

The paper also questions whether the Act's prohibition on data sharing for enforcement purposes should be reconsidered, potentially broadening use cases beyond the current limitations of government service delivery, research, and policy development.

The Office of the National Data Commissioner, established under the Act with approximately 40 staff and an annual budget of $A16 million, has accredited 34 entities to participate in the scheme to date.

The Productivity Commission's 2017 report, which prompted the legislation, estimated the value of Australian public sector data could range from $A625 million to $A64 billion annually.

Submissions can be made electronically or by mail, with the Department of Finance noting that all information in formal submissions will be made public unless confidentiality is specifically requested.

The Minister must be provided with a report on the review within 12 months of its commencement, with a copy to be tabled in Parliament within 15 sitting days of the Minister receiving it.