New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Data Sharing (Government Sector) Bill 2015
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The objects of this Bill are:
(a) to enable government sector agencies to agree to share government sector data with the
Data Analytics Centre (the DAC) in the Department of Finance, Services and Innovation
(the Department) or other government sector agencies for certain purposes, and
(b) to enable the Minister to give directions in certain circumstances to require government
sector agencies to share government sector data with the DAC, and
(c) to enable the Minister to obtain information for the DAC from government sector agencies
about the kinds of data sets that they control, and
(d) to specify safeguards (including in relation to the collection, use, disclosure, protection,
keeping, retention or disposal of health information or personal information of individuals)
to be complied with by the DAC and other government sector agencies in connection with
data sharing under the proposed Act.
Outline of provisions
Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent to the
proposed Act.
b2015-056.d28
Data Sharing (Government Sector) Bill 2015 [NSW]
Explanatory note
Clause 3 states the objects of the proposed Act.
Clause 4 defines certain words and expressions used in the proposed Act.
The DAC is defined to mean the DAC or such other government sector agency (or part of a
government sector agency) as may be prescribed by the regulations.
Data is defined to mean any facts, statistics, instructions, concepts or other information in a form
that is capable of being communicated, analysed or processed (whether by an individual or by a
computer or other automated means).
Data analytics work is defined to mean the examination and analysis of data for the purpose of
drawing conclusions about that data (including, for example, conclusions about the efficacy of
Government policies or service delivery by government sector agencies).
A government sector agency is defined to mean each of the following:
(a) the DAC,
(b) a government sector agency within the meaning of the Government Sector Employment Act
2013,
(c) a statutory body representing the Crown,
(d) a council or county council within the meaning of the Local Government Act 1993,
(e) a State owned corporation,
(f) a body (whether incorporated or unincorporated) established or continued for a public
purpose by or under the provisions of an Act or statutory instrument,
(g) a wholly-owned subsidiary of the Crown in right of the State or an agency, council,
corporation or other body referred to in paragraph (a), (b), (c), (d), (e) or (f),
(h) a person or body exercising public official functions declared by the regulations to be a
government sector agency for the purposes of the proposed Act.
Government sector data is defined to mean any data that a government sector agency controls,
but does not include data of a kind excluded by the regulations.
The privacy legislation is defined to mean:
(a) the Privacy and Personal Information Protection Act 1998 or the Health Records and
Information Privacy Act 2002, and
(b) any regulation or code of practice made, and any public interest directions or guidelines
issued, under either of those Acts.
Clause 5 provides that a disclosure of government sector data by a government sector agency to
the DAC or another government sector agency that is authorised by the proposed Act is lawful for
the purposes of any other Act or law that would otherwise operate to prohibit that disclosure
(whether or not the prohibition is subject to specified qualifications or exceptions). However, the
proposed section also makes it clear that nothing in the proposed Act authorises, permits or
requires the DAC or another government sector agency:
(a) to collect, use, disclose, protect, keep, retain or dispose of any government sector data that
is health information or personal information otherwise than in compliance with the privacy
legislation, or
(b) to disclose any government sector data that is:
(i) excluded information of specified agencies referred to in Schedule 2 to the
Government Information (Public Access) Act 2009, or
(ii) information of a kind described in Schedule 1 to that Act, or
(c) to deal with any government sector data to which the State Records Act 1998 applies after
it is shared under the proposed Act otherwise than in compliance with the State Records Act
1998.
Page 2
Data Sharing (Government Sector) Bill 2015 [NSW]
Explanatory note
Part 2 Facilitating government sector data sharing
Clause 6 authorises a government sector agency (other than the DAC) to agree to share
government sector data with the DAC or with any other government sector agency for any of the
following purposes:
(a) to enable data analytics work to be carried out on the data to identify issues and solutions
regarding Government policy making, program management and service planning and
delivery by the government sector agencies,
(b) to enable related agencies (such as branches, offices and other agencies within or otherwise
related to a Public Service agency) to develop better Government policy making, program
management and service planning and delivery by the agencies,
(c) such other purposes as may be prescribed by the regulations.
Clause 7 enables the Minister to direct a government sector agency (other than a university) to
provide specified government sector data that it controls to the DAC within 14 days or such longer
period specified in the direction if the Premier has advised the Minister that the data is required
for the purpose of advancing a Government policy.
Clause 8 enables the Minister to direct a government sector agency to provide the DAC with
information about the government sector data that it controls so as to enable the DAC to determine
the number and kinds of sets of data that the agency controls and the kind of information collected
in those data sets.
Clause 9 authorises the DAC to share with government sector agencies the results of data
analytics work that it has carried out on data provided to it by a government sector agency under
the proposed Act, but is not authorised to share that data with any other agency, person or body.
Clause 10 provides that the Minister may give a direction under this proposed Part to a State
owned corporation only with the approval of the Premier and after consulting the portfolio
Minister of the corporation. The proposed section also enables a State owned corporation to be
reimbursed for certain costs it incurs when complying with a direction that is not in its commercial
interests.
Part 3 Data sharing safeguards
Clause 11 declares that the data sharing safeguards set out in the proposed Part are the safeguards
that the DAC and other government sector agencies must comply with in connection with data
sharing with the DAC or other government sector agencies under the proposed Act.
Clause 12 sets out the privacy safeguards that require health information and personal
information to be dealt with in compliance with privacy legislation.
Clause 13 sets out safeguards in relation to confidential or commercial-in-confidence
information.
Clause 14 sets out data custody and control safeguards.
Clause 15 enables other safeguards to be prescribed by regulations.
Part 4 Miscellaneous
Clause 16 provides that the proposed Act binds the Crown in all of its capacities.
Clause 17 enables the Secretary of the Department to report failures by government sector
agencies to comply with the proposed Act, the regulations or directions under the proposed Act.
Clause 18 enables the Minister to delegate the Minister's functions under the proposed Act to the
Secretary of the Department.
Clause 19 enables the Governor to make regulations for the purposes of the proposed Act.
Clause 20 provides for the review of the proposed Act in 5 years.
Page 3
Data Sharing (Government Sector) Bill 2015 [NSW]
Explanatory note
Schedule 1 Savings, transitional and other provisions
Schedule 1 enables the Governor to make regulations of a savings or transitional nature
consequent on the enactment of the proposed Act or any other Act that amends the proposed Act.
Page 4
First print
New South Wales
Data Sharing (Government Sector) Bill 2015
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Objects of Act 2
4 Definitions 2
5 Relationship of Act with other laws 4
Part 2 Facilitating government sector data sharing
6 Voluntary data sharing with DAC or between other government sector
agencies 5
7 Minister may give directions for data sharing with DAC 5
8 Minister may obtain information for DAC concerning government sector
data sets 5
9 Sharing of results of data analytics work carried out by the DAC 6
10 Directions to State owned corporations 6
Part 3 Data sharing safeguards
11 The data sharing safeguards 7
12 Privacy safeguards 7
13 Confidentiality and commercial-in-confidence 7
14 Data custody and control safeguards 7
b2015-056.d28
Data Sharing (Government Sector) Bill 2015 [NSW]
Contents
Page
15 Other data sharing safeguards 8
Part 4 Miscellaneous
16 Act binds the Crown 9
17 Reports by Secretary of Department about compliance 9
18 Delegation 9
19 Regulations 9
20 Review of Act 9
Schedule 1 Savings, transitional and other provisions 10
Page 2
New South Wales
Data Sharing (Government Sector) Bill 2015
No , 2015
A Bill for
An Act with respect to the sharing of government sector data with a government data analytics
centre and between other government sector agencies and to the privacy and other safeguards that
apply to the sharing of that data.
Data Sharing (Government Sector) Bill 2015 [NSW]
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Data Sharing (Government Sector) Act 2015. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
3 Objects of Act 7
The objects of this Act are: 8
(a) to promote, in a manner that recognises the protection of privacy as an integral 9
component, the management and use of government sector data as a public 10
resource that supports good Government policy making, program 11
management and service planning and delivery, and 12
(b) to remove barriers that impede the sharing of government sector data with the 13
DAC or between other government sector agencies, and 14
(c) to facilitate the expeditious sharing of government sector data with the DAC 15
or between other government sector agencies, and 16
(d) to provide protections in connection with data sharing under this Act by: 17
(i) specifying the purposes for, and the circumstances in, which data 18
sharing is permitted or required, and 19
(ii) ensuring that data sharing involving health information or personal 20
information continues to be in compliance with the requirements of the 21
privacy legislation concerning the collection, use, disclosure, 22
protection, keeping, retention or disposal of such information, and 23
(iii) requiring compliance with data sharing safeguards in connection with 24
data sharing. 25
4 Definitions 26
(1) In this Act: 27
control in relation to data--see subsection (2). 28
DAC means that part of the Department known as the Data Analytics Centre or such 29
other government sector agency (or part of a government sector agency) as may be 30
prescribed by the regulations. 31
data means any facts, statistics, instructions, concepts or other information in a form 32
that is capable of being communicated, analysed or processed (whether by an 33
individual or by a computer or other automated means). 34
data analytics work means the examination and analysis of data for the purpose of 35
drawing conclusions about that data (including, for example, conclusions about the 36
efficacy of Government policies, program management or service planning and 37
delivery by government sector agencies). 38
data provider means the government sector agency that controls government sector 39
data that is provided under this Act to a data recipient. 40
data recipient means the government sector agency to which government sector data 41
is provided under this Act. 42
data sharing safeguards--see Part 3. 43
Department means the Department of Finance, Services and Innovation. 44
Page 2
Data Sharing (Government Sector) Bill 2015 [NSW]
Part 1 Preliminary
function includes a power, authority or duty, and exercise a function includes 1
perform a duty. 2
government sector agency means each of the following: 3
(a) the DAC, 4
(b) a government sector agency within the meaning of the Government Sector 5
Employment Act 2013, 6
(c) a statutory body representing the Crown, 7
(d) a council or county council within the meaning of the Local Government Act 8
1993, 9
(e) a State owned corporation, 10
(f) a body (whether incorporated or unincorporated) established or continued for 11
a public purpose by or under the provisions of an Act or statutory instrument, 12
(g) a wholly-owned subsidiary of the Crown in right of the State or an agency, 13
council, corporation or other body referred to in paragraph (a), (b), (c), (d), (e) 14
or (f), 15
(h) a person or body exercising public official functions declared by the 16
regulations to be a government sector agency for the purposes of this Act. 17
government sector data means any data that a government sector agency controls, 18
but does not include data of a kind excluded by the regulations. 19
head of a government sector agency means: 20
(a) in the case of a government sector agency within the meaning of the 21
Government Sector Employment Act 2013--the head of the agency within the 22
meaning of that Act, and 23
(b) in the case of any other government sector agency: 24
(i) the chief executive officer or other principal officer of the agency, or 25
(ii) any other person who is declared by the regulations to be the head of the 26
agency for the purposes of this definition. 27
health information has the same meaning as in the Health Records and Information 28
Privacy Act 2002. 29
personal information has the same meaning as in the Privacy and Personal 30
Information Protection Act 1998. 31
Note. Section 4A of the Privacy and Personal Information Protection Act 1998 excludes health 32
information from the definition of personal information in section 4 of that Act. 33
privacy legislation means: 34
(a) the Privacy and Personal Information Protection Act 1998 or the Health 35
Records and Information Privacy Act 2002, and 36
(b) any regulation or code of practice made, and any public interest directions or 37
guidelines issued, under either of those Acts. 38
share, in relation to government sector data, means to provide (or be provided with) 39
the data. 40
(2) For the purposes of this Act, a person or body is taken to have control of data if: 41
(a) the person or body has possession or custody of the data, or 42
(b) the person or body has the data in the possession or custody of some other 43
person or body. 44
A person or body is, for example, taken to have control of data held by the person or 45
body in storage with a commercial storage provider (including a storage provider 46
who provides cloud storage facilities). 47
Page 3
Data Sharing (Government Sector) Bill 2015 [NSW]
Part 1 Preliminary
(3) Notes included in this Act do not form part of this Act. 1
5 Relationship of Act with other laws 2
(1) Subject to subsection (2), a disclosure of government sector data by a government 3
sector agency to the DAC or to another government sector agency is lawful for the 4
purposes of any other Act or law that would otherwise operate to prohibit that 5
disclosure (whether or not the prohibition is subject to specified qualifications or 6
exceptions) if: 7
(a) this Act provides that the agency is authorised to share the data with the DAC 8
or other government sector agency, and 9
(b) the agency provides the data to the data recipient only for the purpose to which 10
the authorisation to share relates. 11
(2) Nothing in this Act authorises, permits or requires the DAC or another government 12
sector agency: 13
(a) to collect, use, disclose, protect, keep, retain or dispose of any government 14
sector data that is health information or personal information otherwise than in 15
compliance with the privacy legislation, or 16
(b) to disclose any government sector data that is: 17
(i) excluded information of an agency specified in Schedule 2 to the 18
Government Information (Public Access) Act 2009 (being any 19
information that relates to any function specified in that Schedule in 20
relation to the agency), or 21
(ii) information of a kind described in Schedule 1 to that Act, or 22
(c) to deal with any government sector data to which the State Records Act 1998 23
applies after it is shared under this Act otherwise than in compliance with the 24
State Records Act 1998. 25
(3) This Act is not intended to prevent or discourage the sharing of government sector 26
data by government sector agencies as permitted or required by or under any Act or 27
other law (apart from this Act). 28
Page 4
Data Sharing (Government Sector) Bill 2015 [NSW]
Part 2 Facilitating government sector data sharing
Part 2 Facilitating government sector data sharing 1
6 Voluntary data sharing with DAC or between other government sector agencies 2
(1) A government sector agency (other than the DAC) is, subject to section 5 (2), 3
authorised to share government sector data that it controls with the DAC or with 4
another government sector agency for any of the following purposes: 5
(a) to enable data analytics work to be carried out on the data to identify issues and 6
solutions regarding Government policy making, program management and 7
service planning and delivery by the government sector agencies, 8
(b) to enable related government sector agencies (such as branches, offices and 9
other agencies within or otherwise related to a Public Service agency) to 10
develop better Government policy making, program management and service 11
planning and delivery by the agencies, 12
(c) such other purposes as may be prescribed by the regulations. 13
(2) If government sector data is shared under this section, the data provider and the data 14
recipient must comply with all data sharing safeguards that are applicable to them in 15
connection with the sharing. 16
7 Minister may give directions for data sharing with DAC 17
(1) The Minister may direct a government sector agency in writing to provide specified 18
government sector data that it controls to the DAC within 14 days or such longer 19
period specified in the direction, but only if the Premier has advised the Minister that 20
the data concerned is required to be shared for the purpose of advancing a 21
Government policy. 22
(2) A copy of a direction given under this section must be provided to the head of the 23
government sector agency to which the direction is given. 24
(3) If a direction is given under this section: 25
(a) the specified data provider is, subject to section 5 (2), authorised and required 26
to provide the specified government sector data in compliance with the 27
direction, and 28
(b) the specified data provider and the DAC must comply with all data sharing 29
safeguards that are applicable to them in connection with the sharing of the 30
data. 31
(4) The Premier may certify, in writing, that the Premier has advised the Minister that a 32
specified provision of government sector data by a government sector agency is 33
required for the purpose of advancing a Government policy. The certificate is 34
conclusive evidence of the matter stated in the certificate. 35
(5) The head of a government sector agency to which a direction is given under this 36
section must ensure that the direction is complied with in accordance with 37
subsection (3). 38
(6) A direction cannot be given under this section to a government sector agency that is 39
a university. 40
8 Minister may obtain information for DAC concerning government sector data sets 41
(1) The Minister may direct a government sector agency in writing to provide the DAC 42
with such information concerning the government sector data that it controls as the 43
Minister may require so as to enable the DAC to determine the number and kinds of 44
sets of data that the agency controls and the kind of information collected in those 45
data sets. 46
Page 5
Data Sharing (Government Sector) Bill 2015 [NSW]
Part 2 Facilitating government sector data sharing
(2) A copy of a direction given under this section must be provided to the head of the 1
government sector agency to which the direction is given. 2
(3) The government sector agency is (subject to section 5 (2)) authorised and required to 3
comply with a direction given to it under this section. 4
(4) This section does not require a government sector agency to provide government 5
sector data to the DAC. 6
(5) Nothing in this section affects or limits the functions of the Privacy Commissioner 7
under the privacy legislation. 8
9 Sharing of results of data analytics work carried out by the DAC 9
The DAC is, subject to section 5 (2), authorised to share with government sector 10
agencies the results of data analytics work that it has carried out on data provided to 11
it by a government sector agency under this Act, but is not authorised to share that 12
data with any other agency, person or body. 13
10 Directions to State owned corporations 14
(1) A direction may be given under this Part to a State owned corporation only if: 15
(a) the direction is given with the approval of the Premier, and 16
(b) where the portfolio Minister of the State owned corporation is neither the 17
Premier nor the Minister administering this Act--the Minister administering 18
this Act has consulted the portfolio Minister about the direction before it is 19
given. 20
(2) If the direction to provide the government sector data is given in circumstances where 21
the board of the State owned corporation considers that it is not in the commercial 22
interests of the State owned corporation to provide the data, a State owned 23
corporation is entitled to be reimbursed for the activity of providing the data in 24
accordance with the provisions of section 20N (3)-(5) of the State Owned 25
Corporations Act 1989. 26
(3) In this section: 27
portfolio Minister, in relation to a State owned corporation, has the same meaning as 28
in the State Owned Corporations Act 1989. 29
Page 6
Data Sharing (Government Sector) Bill 2015 [NSW]
Part 3 Data sharing safeguards
Part 3 Data sharing safeguards 1
11 The data sharing safeguards 2
This Part sets out the data sharing safeguards for the purposes of this Act that are 3
applicable to the sharing of government sector data under this Act with the DAC or 4
between other government sector agencies. 5
12 Privacy safeguards 6
(1) Without limiting section 5 (2), a data provider and data recipient must ensure that 7
health information or personal information contained in government sector data that 8
is shared is not collected, used, disclosed, protected, kept, retained or disposed of 9
otherwise than in compliance with the privacy legislation. 10
(2) If a data recipient that is provided with government sector data that contains health 11
information or personal information becomes aware that the privacy legislation has 12
been (or is likely to have been) contravened in relation to that information while in 13
the recipient's control, the data recipient must, as soon as is practicable after 14
becoming aware of it, inform the data provider of the contravention or likely 15
contravention. 16
13 Confidentiality and commercial-in-confidence 17
(1) A data recipient that is provided with government sector data that contains 18
confidential or commercially sensitive information must ensure that the information 19
is dealt with in a way that complies with any contractual or equitable obligations of 20
the data provider concerning how it is to be dealt with. 21
(2) In this section: 22
confidential or commercially sensitive information means: 23
(a) information a person or body controls that the person or body is required to 24
keep confidential because of a contractual or equitable obligation, or 25
(b) without limiting paragraph (a), information about commercial-in-confidence 26
provisions of a contract (within the meaning of the Government Information 27
(Public Access) Act 2009), or 28
(c) any other information the disclosure of which would prejudice any person's 29
legitimate business, commercial, professional or financial interests. 30
14 Data custody and control safeguards 31
(1) A data provider and data recipient must ensure that the government sector data that 32
is shared is maintained and managed in compliance with any legal requirements 33
concerning its custody and control (including, for example, requirements under the 34
Government Information (Public Access) Act 2009 or State Records Act 1998) that 35
are applicable to them. 36
(2) If a data recipient that arranges for a person or body (other than another government 37
sector agency) to conduct data analytics work using government sector data with 38
which it has been provided, the head of the data recipient is to ensure that appropriate 39
contractual arrangements are in place before the data is provided to ensure that the 40
person or body deals with the data in compliance with any requirements of the 41
privacy legislation, the State Records Act 1998 and any Government data security 42
policies that are applicable to the data recipient. 43
Note. See, also, the offences in Part 6 of the Crimes Act 1900 in connection with unauthorised 44
access to, or the modification or impairment of, data held in computers. 45
Page 7
Data Sharing (Government Sector) Bill 2015 [NSW]
Part 3 Data sharing safeguards
15 Other data sharing safeguards 1
(1) A data provider and data recipient must comply with such other requirements as may 2
be prescribed by the regulations for the provider or recipient in connection with the 3
sharing of government sector data. 4
(2) Without limiting subsection (1), a requirement prescribed by the regulations for the 5
purposes of that subsection may require a data provider or data recipient to comply 6
with any of the following in connection with the sharing of government sector data: 7
(a) specified instruments, or specified provisions of instruments, forming part of 8
the privacy legislation (for example, codes of practice, guidelines or 9
directions), 10
(b) any other codes of practice, guidelines, directions or publications specified (or 11
issued, made or published as provided) by the regulations. 12
Page 8
Data Sharing (Government Sector) Bill 2015 [NSW]
Part 4 Miscellaneous
Part 4 Miscellaneous 1
16 Act binds the Crown 2
This Act binds the State and, in so far as the legislative power of the Parliament of 3
New South Wales permits, the other States, the Territories and the Commonwealth. 4
17 Reports by Secretary of Department about compliance 5
(1) The Secretary of the Department may report to the Minister responsible for a 6
government sector agency or the Public Service Commissioner any failure by the 7
agency to comply with the requirements of this Act or the regulations or any other 8
matter of concern to the Secretary with regard to the agency's obligations under this 9
Act or the regulations. 10
(2) The Secretary of the Department can include in the annual report of the Department 11
under the Annual Reports (Departments) Act 1985 a report of any incidences of 12
failure by government sector agencies to comply with the requirements of this Act or 13
the regulations. A report of any such incident is to include any response provided to 14
the Secretary by the agency concerned about the matter. 15
18 Delegation 16
The Minister may delegate to the Secretary of the Department any function of the 17
Minister under this Act, except this power of delegation. 18
19 Regulations 19
(1) The Governor may make regulations, not inconsistent with this Act, for or with 20
respect to any matter that by this Act is required or permitted to be prescribed or that 21
is necessary or convenient to be prescribed for carrying out or giving effect to this 22
Act. 23
(2) The regulations may apply, adopt or incorporate (with or without changes) any 24
publication (including any guidelines or standards) as in force at a particular time or 25
from time to time. 26
20 Review of Act 27
(1) The Minister is to review this Act to determine whether the policy objectives of the 28
Act remain valid and whether the terms of the Act remain appropriate for securing 29
those objectives. 30
(2) The review is to be undertaken as soon as possible after the period of 5 years from 31
the date of assent to this Act. 32
(3) A report on the outcome of the review is to be tabled in each House of Parliament 33
within 12 months after the end of the period of 5 years. 34
Page 9
Data Sharing (Government Sector) Bill 2015 [NSW]
Schedule 1 Savings, transitional and other provisions
Schedule 1 Savings, transitional and other provisions 1
Part 1 General 2
1 Regulations 3
(1) The regulations may contain provisions of a savings or transitional nature consequent 4
on the enactment of this Act or any Act that amends this Act. 5
(2) Any such provision may, if the regulations so provide, take effect from the date of 6
assent to the Act concerned or a later date. 7
(3) To the extent to which any such provision takes effect from a date that is earlier than 8
the date of its publication on the NSW legislation website, the provision does not 9
operate so as: 10
(a) to affect, in a manner prejudicial to any person (other than the State or an 11
authority of the State), the rights of that person existing before the date of its 12
publication, or 13
(b) to impose liabilities on any person (other than the State or an authority of the 14
State) in respect of anything done or omitted to be done before the date of its 15
publication. 16
Page 10
[Index] [Search] [Download] [Related Items] [Help]