{"id":"F2020L00945","name":"Australian Prudential Regulation Authority (confidentiality) determination No.1 of 2020","slug":"australian-prudential-regulation-authority-confidentiality-determination-no-1-of-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100344,"registerId":"commonwealth-F2020L00945-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Prudential Regulation Authority (confidentiality) determination No.1 of 2020","content":"![](image.001.png)\n\nAustralian Prudential Regulation Authority (confidentiality) determination No.1 of 2020\n\nInformation provided by general insurers and Lloyd’s underwriters for the purposes of the National Claims and Policies Database under Reporting Standard GRS 800.1, GRS 800.2, GRS 800.3, LOLRS 800.1, LOLRS\n\n800.2 and LOLRS 800.3\n\nAustralian Prudential Regulation Authority Act 1998\n\nI, Craig Blaser, a delegate of APRA, under section 57 of the Australian Prudential Regulation Authority Act 1998, DETERMINE that a reporting document specified in Part 1 of the Schedule does not contain confidential information, except for the items of information specified in Part 2 of the Schedule.\n\nThis determination commences on the date of registration on the Federal Register of Legislation under the Legislation Act 2003.\n\nNote: The effect of this determination is that the non-confidential information (other than personal information within the meaning of the Privacy Act 1988) may be published under subsection 56(5C) of the Australian Prudential Regulation Authority Act 1998.\n\nDated: 21 July 2020\n\n![](image.002.png)\n\n…………………………………………………………\n\nCraig Blaser\n\nSenior Manager, Business and External Data Reporting\n\nData Analytics & Insights\n\n| InterpretationIn this determination: | |\n| ------------------------------------ | --- |\n\nAPRA means the Australian Prudential Regulation Authority.\n\ngeneral insurer has the meaning given in section 11 of the Insurance Act 1973.\n\nLloyd’s underwriters has the meaning given in section 3 of the Insurance Act 1973.\n\nreporting document means a reporting document within the meaning of section 13 of the Financial Sector (Collection of Data Act) 2001.\n\nSchedule\n\nPart 1 (reporting documents covered by this\n\ndetermination)\n\n1. The level 1 reports covered by this Determination are (the level 1 reports):\n\n| | Policy data reports- All States |\n| --- | --------------------------------------- |\n| b. | Claims Data Reports- National |\n| c. | Claims Data Reports- NSW |\n| d. | Claims Data Reports- Victoria |\n| e. | Claims Data Reports- Queensland |\n| f. | Claims Data Reports- Western Australia |\n| g. | Claims Data Reports- South Australia |\n| h. | Claims Data Reports- Tasmania |\n| i | Claims Data Reports- Northern Territory |\n| j. | Claims Data Reports- ACT |\n\n2. The level 1 reports include all data items extracted, for the purpose of preparing the\n\nlevel 1 reports, from reporting documents given to APRA on or before the date of this determination by general insurers and Lloyd’s Underwriters under the following\n\nreporting standards made under the Financial Sector (Collection of Data Act) 2001:\n\n```html\n
  1. General Insurers

Reporting Standard GRS 800.1 Policy Data: Public and Product Liability and Professional Indemnity Insurance

b.

Reporting Standard GRS 800.2 Claim Data: Public and Product Liability and Professional Indemnity Insurance

c.

Reporting Standard GRS 800.3 Facility Business Data: Public

and Product Liability and Professional Indemnity Insurance

B. Lloyd’s Underwriters

Reporting Standard LOLRS 800.1 Policy Data: Public and

Product Liability and Professional Indemnity Insurance

b.

Reporting Standard LOLRS 800.2 Claim Data: Public and Product Liability and Professional Indemnity Insurance

c.

Reporting Standard LOLRS 800.3 Facility Business Data: Public and Product Liability and Professional Indemnity Insurance

\n```\n\n3. The level 2 reports covered by this Determination are (the level 2 reports):\n\n```html\n
  1. Policy reports

Year by Product (filter by: COB, State, Occupation, LOI, EDA)

b.

Product by State (filter by: Year, COB, LOI, EDA)

c.

Product by LOI (filter by: Year, COB, State, Occupation)

d.

Product by EDA (filter by: Year, COB, State, Occupation)

e.

Year by State (filter by: COB, Product, LOI, EDA)

f.

LOI by State (filter by: Year, COB, Product)

g.

EDA by State (filter by: Year, COB, Product)

h.

Year by LOI (filter by: COB, State, Product, Occupation)

i.

Year by EDA (filter by: COB, State, Product, Occupation)

j.

Occupation by Year (filter by: COB, Product, LOI, EDA)

k.

Occupation by Product (filter by: Year, COB, LOI, EDA)

l.

Occupation by LOI (filter by: Year, COB, Product, Occupation)

m.

Occupation by EDA (filter by: Year, COB, Product, Occupation)

B. Claim reports

Year by Development year (filter by: COB, State, Product, Occupation, LOI, EDA)

b.

Year by Product (filter by: COB, State, Occupation, LOI, EDA)

c.

Product by State (filter by: Year, COB, LOI, EDA)

d.

Product by LOI (filter by: Year, COB, State, Occupation)

e.

Product by EDA (filter by: Year, COB, State, Occupation)

f.

Year by State (filter by: COB, Product, LOI, EDA)

g.

LOI by State (filter by: Year, COB, Product)

h.

EDA by State (filter by: Year, COB, Product)

i.

Year by LOI (filter by: COB, State, Product, Occupation)

j.

Year by EDA (filter by: COB, State, Product, Occupation)

k.

Occupation by Year (filter by: COB, Product, LOI, EDA)

l.

Occupation by Product (filter by: Year, COB, LOI, EDA)

m.

Occupation by LOI (filter by: Year, COB, Product, Occupation)

n.

Occupation by EDA (filter by: Year, COB, Product, Occupation)

C. Facility reports

Reporting period (filter by: Occupation)

b.

Occupation (filter by: Reporting period)

D. Facility in run-off reports

Reporting period (filter by: Occupation)

b.

Occupation (filter by: Reporting period)

\n```\n\n4. The level 2 reports include data items extracted, for the purpose of preparing the level 2 reports, from reporting documents given to APRA on or before the date of this determination by general insurers under the following reporting standards made under the Financial Sector (Collection of Data Act) 2001:\n\n| | Reporting Standard GRS 800.1 Policy Data: Public and Product Liability and Professional Indemnity Insurance |\n| --- | --------------------------------------------------------------------------------------------------------------------- |\n| b. | Reporting Standard GRS 800.2 Claims Data: Public and Product Liability and Professional Indemnity Insurance |\n| c. | Reporting Standard GRS 800.3 Facility Business Data: Publicand Product Liability and Professional Indemnity Insurance |\n\n5. The level 2 reports include the following data items:\n\n```html\n
  1. Data measures

Gross written premium, gross earned premium, number of risks written and average earned premium.

b.

Number of claims reported, number of claims finalised, gross claim payments and gross claims incurred, each of which is available on an underwriting year, accident year and calendar year basis.

c.

Premiums received, claims paid, and number of policies, number of claims and number of facilities.

B. Data dimensions

Year

b.

Development year

c.

Class of business

d.

State/Jurisdiction

e.

Product

f.

Industry/Occupation

g.

Limit of indemnity

h.

Excess/deductible

C. Dimension categories available in level 2 reports

Year

b.

Underwriting years

c.

Accident years

d.

Calendar years

e.

Six month reporting period (facility reports only)

D. Development year

ALL

b.

0 – 9

E. Class of business (COB)

PI

b.

PL

F.

State/Jurisdiction

a.

All States

b.

No detailed occupation information is available except on All States

c.

NSW

d.

VIC

e.

QLD

f.

SA

g.

WA

h.

TAS

i.

NT

j.

ACT

k.

Unknown

G. Product

ALL

b.

D&O and employment practices liability

c.

Medical indemnity/Malpractice

d.

Other professional indemnity

e.

Construction liability

f.

Product liability

g.

Public liability

h.

Other product and public liability

H. Industry/Occupation

ALL

b.

No detailed state/jurisdiction information is available except on ‘ALL’

c.

2 digit ANZSIC code

d.

character occupation code

e.

A - Financial occupations

f.

B - General Consultants

g.

C - Medical & Paramedical occupations

h.

D - Legal & Para Legal occupations

i.

E - Real Estate occupations

j.

F - Agricultural, Horticultural occupations

k.

G - Schools, Colleges occupations

l.

H - Insurance occupations

m.

I - Local Government occupations

n.

J - Miscellaneous occupations

o.

K - Architects

p.

L - Engineering occupations

q.

M - Surveying occupations

r.

N - Defamation

I. Limit of indemnity (LOI)

ALL

b.

No detailed EDA information is available except on ‘ALL’

c.

0-5m

d.

5m-10m

e.

10m+

J. Excess/deductible (EDA)

ALL

b.

No detailed LOI information is available except on ‘ALL’

c.

0-$499

d.

$500-$999

e.

$1,000+

\n```\n\n \n\nSchedule\n\nPart 2 (items of information from reporting documents that are to remain confidential)\n\n Data items in respect of the following data dimensions are not covered by this Determination:\n\n data on state/jurisdiction and also occupation; and\n data on the limit of indemnity and also the excess/deductible.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This determination narrows the set of reporting items that APRA treats as confidential and therefore expands the universe of insurer reporting data that APRA may publish in aggregated form. Practically, it classifies a broad set of level 1 and level 2 report measures and many dimension categories (years, development years, class of business, products, occupation categories, LOI/EDA bands, states) as non‑confidential (Schedule Part 1(5)), while only withholding two specific combinations (state × occupation; LOI × excess) as confidential (Schedule Part 2). That is a substantive scope broadening relative to a baseline where all submitted reporting documents would remain confidential: the determination converts many detailed, commercially relevant aggregates into publishable outputs and thus meaningfully alters the practical boundary between private insurer reporting and public APRA disclosure."},"complexity_factors":["Long enumerated lists of reports, measures and dimension categories (many line items in Schedule Part 1(5))","Multiple cross‑references to other statutes and reporting standards (APRA Act s57; Financial Sector (Collection of Data) Act reporting standards GRS/LOLRS 800 series)","A simple conditional rule structure: everything listed is non‑confidential except the limited items in Schedule Part 2 (few but significant exceptions)","Dense presentation of tabular categories (product, COB, LOI, EDA, occupations, states) which creates many potential cross‑tabulations","Legal caveat that personal information remains protected by the Privacy Act (external dependency adds a compliance layer)","Delegated administrative decision (flexible but introduces ongoing change risk) — not heavily conditional but creates operational discretion"],"plain_english_summary":"**What this instrument does (mechanics)\n\n- This is a formal determination by an APRA delegate under section 57 of the Australian Prudential Regulation Authority Act 1998 that specifies which parts of certain insurer reporting documents are not \"confidential information\" for APRA’s purposes. (See opening paragraph and Schedule.)\n- It applies to data submitted by \"general insurers\" and \"Lloyd’s underwriters\" under the GRS/LOLRS 800 series reporting standards used to build the National Claims and Policies Database. (Schedule Part 1 and Part 1(2)–(4).)\n- The determination treats a set of named \"level 1\" and \"level 2\" reports and the data extracted to prepare them as non‑confidential, except for a narrow set of items retained as confidential. (Schedule Part 1 and Part 2.)\n- The non‑confidential information (other than personal information protected by the Privacy Act 1988) may be published by APRA under subsection 56(5C) of the APRA Act. (Note following the operative paragraph.)\n\n**Which reports and data are affected\n\n- Covered reports: the level 1 reports (policy and claims data across national and state/territory breakdowns) and level 2 reports (detailed policy, claim and facility reports with many filters). (Schedule Part 1.)\n- Covered reporting standards: GRS 800.1, GRS 800.2, GRS 800.3 for general insurers and LOLRS 800.1, 800.2, 800.3 for Lloyd’s. (Schedule Part 1(2)–(4).)\n- Examples of level 2 content that are treated as non‑confidential include: gross written and earned premium, number of risks/policies, number of claims (reported and finalised), gross claim payments and incurred claims, and aggregated measures by year, development year or calendar year. (Schedule Part 1(5) – \"Data measures\" and \"Data dimensions\".)\n- The determination lists the dimensions and categories available in level 2 reports (for example: year, development year, class of business, state/jurisdiction, product, industry/occupation, limit of indemnity brackets, excess/deductible brackets, and product/occupation categories). (Schedule Part 1(5) – \"Data dimensions\" through \"Excess/deductible\".)\n\n**What remains confidential\n\n- Two specific kinds of data combinations are withheld and remain confidential: (1) data that is split both by state/jurisdiction and by occupation, and (2) data that is split by limit of indemnity and by excess/deductible. These combinations are explicitly excluded from the non‑confidential set. (Schedule Part 2.)\n- Personal information remains protected by the Privacy Act and is not made non‑confidential by this instrument. (Note after operative paragraph.)\n\n**Who is affected\n\n- Primary subjects: general insurers and Lloyd’s underwriters who submit data under the listed reporting standards — they provide the raw reporting documents and therefore bear the compliance and data‑preparation costs. (Schedule Part 1.)\n- Decision maker: APRA (via a delegate) decides which data are non‑confidential and may be published. The determination establishes APRA’s mechanical authority to publish specified aggregated data. (Operative paragraph and note.)\n- Secondary users: researchers, regulators, insurers, intermediaries and others who rely on APRA’s published aggregate data for market analysis, benchmarking, pricing or policy work.\n\n**Why this matters (stated purpose, then practical trade-offs)\n\n- Stated purpose: the instrument enables APRA to treat specified aggregated reporting items as non‑confidential so that APRA may publish them (supporting the National Claims and Policies Database outputs). (Note after operative paragraph; Schedule.)\n\n- Practical effects, incentives and trade‑offs:\n - Benefit to data users: makes a wide range of aggregated industry statistics available (premiums, claims, counts, and multiple breakdowns), which supports market monitoring and analysis. (Schedule Part 1(5).)\n - Trade‑off for insurers: insurers produce and deliver detailed data that APRA can publish in aggregated form. That imposes a disclosure risk (commercial granularity), although the determination excludes two sensitive pairings (state × occupation; LOI × excess) to reduce the risk of identifying commercially sensitive pockets. (Schedule Part 2.)\n - Behavioural incentives: insurers may review how they code or aggregate data if they are concerned about commercially sensitive granular combinations being indirectly revealed. They bear the direct reporting cost; APRA decides what is published. (Operative paragraph; Schedule Part 1.)\n - Implementation risks and costs: APRA must correctly aggregate and de‑identify data before publication to avoid inadvertent disclosure of identifiable or commercially sensitive information. APRA’s decisions about aggregation levels, filters and publication format determine residual disclosure risk. (Implied by the publishing power noted in the instrument and by the granular dimensions listed in Schedule Part 1(5).)\n - Bureaucratic discretion and update path: the determination is a delegate decision under s57 of the APRA Act and can be changed by APRA (or a delegate) in future; that affords flexibility but also creates ongoing uncertainty about what will be published. (Operative paragraph citing s57.)\n\n**Net allocation of costs and decision rights\n\n- Who pays: insurers and Lloyd’s underwriters supply the data and meet reporting costs; any reputational or commercial cost from publication falls on those firms. APRA bears publication and aggregation costs.\n- Who decides: APRA (via a delegate) decides which elements of the reported data are non‑confidential and therefore publishable. (Operative paragraph and Schedule.)\n- Behaviour changes: market participants may change reporting detail, product design or disclosure posture in response to the extent of publishable aggregates.\n\n**Concrete implementation notes to watch\n\n- The determination lists many dimension categories and filters (year, development year, product, COB, LOI bands, EDA bands, occupation categories, states). That breadth increases the number of possible cross‑tabulations APRA can publish, so guardrails in practice (suppression thresholds, minimum cell counts) will matter for real confidentiality outcomes even though they are not specified in this instrument. (Schedule Part 1(5).)\n\n**Where to look in the instrument for specifics\n\n- Scope and affected reports: Schedule Part 1. \n- Data measures and dimensions available for publication: Schedule Part 1(5). \n- Items retained as confidential: Schedule Part 2. \n- Legal base for the delegate action: section 57 of the Australian Prudential Regulation Authority Act 1998 (operational paragraph)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a standard administrative determination exercising a specific power under section 57 of the APRA Act. It performs exactly the function intended — designating which data from the National Claims and Policies Database may be published. The scope remains tightly focused on confidentiality classification for statistical reporting purposes."},"complexity_factors":["Extensive tabular data categorising 29 different report types across Level 1 and Level 2 reports","Cross-references to 6 separate reporting standards (GRS 800.1-800.3 and LOLRS 800.1-800.3)","Nested definitional structure: determination → reporting documents → level 1/level 2 reports → data items → data dimensions → dimension categories","8 distinct data dimensions with multiple category values each (e.g., 18 occupation categories, 8 product types, 11 state/jurisdiction categories)","Conditional confidentiality rule in Part 2 using 'and also' logic — confidentiality applies only when specific dimensions appear together, not individually","Incorporation by reference to external legislation: Insurance Act 1973, Financial Sector (Collection of Data) Act 2001, Privacy Act 1988"],"plain_english_summary":"This APRA determination carves out an exception to usual confidentiality rules so specified insurance data can be published from the National Claims and Policies Database. It lets APRA release industry statistics while maintaining privacy safeguards.\n\nIt applies to general insurers and Lloyd’s underwriters, covering public/product liability and professional indemnity reporting in a two-tier form (state-level raw reports and aggregated, anonymised statistics), but keeps state+occupation and limit+excess combinations confidential to prevent identification."}},"importantCases":[],"_links":{"self":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-1-of-2020","history":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-1-of-2020/history","analysis":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-1-of-2020/analysis","conflicts":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-1-of-2020/conflicts","importantCases":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-1-of-2020/important-cases","documents":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-1-of-2020/documents"}}