South Australian Numbered Acts

PUBLIC SECTOR (DATA SHARING) ACT 2016 (NO 61 OF 2016) - SECT 13

13—Minister may enter data sharing agreements

        (1)         The Minister may enter into an agreement relating to the sharing of data with a relevant entity.

        (2)         An agreement between the Minister and a relevant entity under this section may be subject to such conditions as are agreed between the Minister and the relevant entity, including conditions providing for—

            (a)         the provision of public sector data by a public sector agency to the relevant entity; and

            (b)         the provision of data by the relevant entity to the Minister or a public sector agency; and

            (c)         the application of 1 or more of the trusted access principles to the sharing of data under the agreement.

        (3)         If a relevant entity enters into an agreement under this section, the relevant entity must comply with the conditions of the agreement.

        (4)         If the Minister enters into an agreement that involves the provision of public sector data by a public sector agency to a relevant entity, the Minister may direct the public sector agency to provide public sector data that it controls to the relevant entity in accordance with the agreement.

        (5)         The provision of public sector data by a public sector agency to a relevant entity under an agreement under this section is lawful for the purposes of any other Act or law that would otherwise operate to prohibit that provision (whether or not the prohibition is subject to specified qualifications or exceptions) if the public sector data is provided in accordance with the agreement.

        (6)         Section 16(1)

does not apply to a relevant entity that enters into an agreement under this Part.

        (7)         The Freedom of Information Act 1991

does not apply to or in relation to a document (within the meaning of that Act) that is provided by a relevant entity, other than a person or body (or a person or body of a class) prescribed for the purposes of paragraph (c)

of the definition of relevant entity, under an agreement under this section.

        (8)         In this section—

"relevant entity" means—

            (a)         an agency or instrumentality of the Commonwealth, another State or a Territory of the Commonwealth; or

            (b)         a council (within the meaning of the Local Government Act 1999

); or

            (c)         a person or body, or a person or body of a class, prescribed by the regulations.