{"id":"F2016L01471","name":"Australian Prudential Regulation Authority (confidentiality) determination No.2 of 2016","slug":"australian-prudential-regulation-authority-confidentiality-determination-no-2-of-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":95107,"registerId":"commonwealth-F2016L01471-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.2 of 2016","content":"![](image.001.png)\n\nAustralian Prudential Regulation Authority (confidentiality) determination No.2 of 2016\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, Juanita Hoare, a delegate of APRA, under section 57 of the Australian Prudential\n\nRegulation 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: 20 September 2016\n\n\\[Signed\\]\n\nJuanita Hoare\n\nSenior Manager, Analysis and Publications\n\nSupervisory Support Division\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 and Lloyd’s Underwriters 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; or

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":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This determination narrows the scope of confidentiality by designating most reported data items as non‑confidential and permitting publication, while preserving confidentiality only for two combined data-dimension pairs (state+joccupation; limit of indemnity+excess/deductible)."},"complexity_factors":["Clear, narrow legal function: classifies confidentiality status of reporting-document items rather than imposing new substantive obligations","Multiple cross-references to other statutes and reporting standards (APRA Act; Financial Sector (Collection of Data) Act; GRS and LOLRS series)","Detailed, technical tabular lists of Level 1 and Level 2 reports and many data dimensions and categories (products, COB, LOI, EDA, occupations, states)","Operational effect depends on how APRA extracts and aggregates data (implementation risk for de‑identification and publication)","Very limited set of confidentiality exceptions (combinations of dimensions) which must be tracked in publication processes"],"plain_english_summary":"This determination declares that most data supplied to APRA by general insurers and Lloyd’s underwriters under the GRS/LOLRS 800-series reporting standards for the National Claims and Policies Database are not confidential, so APRA may publish aggregated information. It carves out confidentiality only where two data dimensions are combined: (1) state/jurisdiction with occupation, and (2) limit of indemnity with excess/deductible. It directly affects insurers who submit those reports and governs what APRA can release publicly."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This determination appears to serve its original intended purpose of specifying confidentiality arrangements for the National Claims and Policies Database. The scope is tightly focused on public/product liability and professional indemnity insurance data reporting. While the schedules are lengthy due to the detailed enumeration of report types and data dimensions, this granularity is necessary for the technical function of the instrument rather than representing scope creep."},"complexity_factors":["Extensive tabular schedules listing 40+ specific report types across policy, claims, facility, and run-off categories","Nested categorisation system with 'Level 1' and 'Level 2' reports requiring cross-referencing between parts","Multiple filtering dimensions (8 categories: Year, Development year, Class of business, State, Product, Industry/Occupation, Limit of indemnity, Excess/deductible) with interdependencies","Conditional confidentiality rule in Part 2 — confidentiality applies only when specific dimensions are combined (state+jurisdiction AND occupation; limit of indemnity AND excess/deductible), creating a logical exception structure","References to 6 external reporting standards (GRS 800.1-800.3, LOLRS 800.1-800.3) made under separate legislation","4 defined terms in interpretation section that rely on external statutory definitions (Insurance Act 1973, Financial Sector (Collection of Data) Act 2001)"],"plain_english_summary":"This APRA determination sets which items from the National Claims and Policies Database can be published and which must stay confidential. It affects general insurers, Lloyd’s underwriters, and anyone using aggregated public liability, product liability and professional indemnity data. Most policy, claims and facility business statistics can be released for market research and transparency, but two sensitive combinations remain protected: state together with occupation, and limit of indemnity together with excess/deductible, to guard identifiability and commercial sensitivity."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-2-of-2016","history":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-2-of-2016/history","analysis":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-2-of-2016/analysis","conflicts":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-2-of-2016/conflicts","importantCases":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-2-of-2016/important-cases","documents":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-2-of-2016/documents"}}