{"id":"F2017L00721","name":"Australian Prudential Regulation Authority (confidentiality) determination No. 2 of 2017","slug":"australian-prudential-regulation-authority-confidentiality-determination-no-2-of-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96539,"registerId":"commonwealth-F2017L00721-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 2017","content":"![](image.001.png)\n\nAustralian Prudential Regulation Authority (confidentiality) determination No.2 of 2017\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 June 2017\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":4,"scope_assessment":{"changed":false,"description":"This determination does not materially expand the statutory collection or APRA’s powers; it clarifies the confidentiality status of data already collected under the GRS/LOLRS reporting standards. It narrows commercial confidentiality for many aggregated data items while preserving two specified granular cross‑tabulations and personal information. In that sense it refines publication scope rather than growing the legislation beyond its original data‑collection and publication purpose."},"complexity_factors":["Short instrument but with a detailed Schedule: two parts (Part 1 lists covered reports; Part 2 lists confidentiality exceptions).","Four defined interpretation terms (APRA, general insurer, Lloyd’s underwriters, reporting document).","Two‑tier report structure (level 1 and level 2) with multiple report types (policy, claims, facility, facility in run‑off).","Level 2 contains numerous data measures and dimension categories (premiums, claims metrics; Year, Development year, COB, State/Jurisdiction, Product, Occupation/Industry, LOI, EDA, etc.).","Many enumerated category buckets for dimensions (product types, occupation codes A–N, LOI and EDA bands) increasing practical detail to implement.","A small but important set of negative exceptions (two specific cross‑tabulations are withheld) — an exception to publication rather than a simple allow/deny.","Cross‑references to other statutes and instruments (APRA Act s 56(5C) and s 57; Financial Sector (Collection of Data) Act; Insurance Act definitions; Privacy Act implications).","Operational discretion remains (APRA may publish under s 56(5C) but timing and aggregation thresholds are unspecified)."],"plain_english_summary":"**What this instrument does (short version)**\n\n- This is a formal determination by a delegate of APRA (under s 57 of the Australian Prudential Regulation Authority Act 1998) that certain insurer reporting documents — or the data items extracted from them — are not confidential, subject to limited exceptions. It therefore allows APRA to publish aggregated, non‑confidential information from those reports (subject to privacy law) under subsection 56(5C) of the APRA Act.\n\n**Who it affects**\n\n- General insurers and Lloyd’s underwriters that have supplied data to APRA under the specified reporting standards (the GRS and LOLRS 800 series) for the National Claims and Policies Database (NCAP).\n- APRA as the regulator and any third parties that use APRA‑published aggregates.\n\n**Mechanics — how it works, in plain terms**\n\n- APRA identifies two sets of reports (called level 1 and level 2 reports) that draw on insurer reporting under Reporting Standards GRS 800.1, GRS 800.2, GRS 800.3 and the equivalent Lloyd’s standards (LOLRS 800.1, 800.2, 800.3). (Schedule, Part 1.)\n- The determination says: the reporting documents covered by Part 1 do not contain confidential information for the purpose of APRA’s publishing power, except for the specific items listed in Part 2. (Operative paragraph; Schedule, Part 2.)\n- The level 2 reports are described in detail: the kinds of aggregated measures (premiums, number of risks/policies, claims counts, claims paid and incurred, average premiums) and the dimensions/filters that APRA may present (year, development year, class of business, state/jurisdiction, product, occupation/industry, limit of indemnity, excess/deductible, and specific category buckets for those). (Schedule, Parts 3–5 in effect.)\n- Part 2 carves out two combinations of data that remain confidential and therefore are not to be published: (a) data that simultaneously identify state/jurisdiction and occupation; and (b) data that simultaneously identify limit of indemnity and excess/deductible. Those cross‑tabulations are excluded from what APRA may publish. (Schedule, Part 2.)\n- Personal information (as defined in the Privacy Act 1988) remains protected and is not part of the non‑confidential material available for publication. (Note in instrument.)\n\n**Why APRA can do this (legal authority)**\n\n- The delegate exercises power under s 57 of the APRA Act to determine what is confidential for APRA’s publication powers, and the instrument references APRA’s ability to publish non‑confidential material under subsection 56(5C). The reporting standards themselves are made under the Financial Sector (Collection of Data) Act 2001; insurer definitions are those in the Insurance Act 1973 (see interpretation clause).\n\n**Official rationale (as stated) and a practical test of that rationale**\n\n- The stated effect is to enable APRA to publish non‑confidential NCAP outputs. The intended benefit (as claimed by the source) is increased availability of sectoral, product and claims data in aggregated form.\n\n- Practical trade‑offs and implementation issues:\n - Benefit vs cost: Aggregated publication can improve market transparency (useful for benchmarking, actuarial work and policy analysis). That is achieved by allowing APRA to release counts and aggregates across the listed dimensions (Schedule, Part 5). The cost to reporting entities is potential disclosure of commercially useful aggregate information that competitors could use (e.g. premiums and claims trends by product class or occupation). The instrument mitigates some commercial sensitivity by expressly withholding two granular cross‑tabulations (state × occupation; LOI × EDA). (Schedule, Part 2.)\n - Compliance and data burden: The determination does not create new reporting obligations — it deals with the confidentiality status of data already provided under the GRS/LOLRS reporting standards. So direct compliance cost is minimal; the principal impact is on how insurers expect APRA to treat their supplied data.\n - Bureaucratic discretion and publication risk: The determination removes a confidentiality obstacle but does not itself mandate publication. APRA retains discretion (under subsection 56(5C)) to decide what to publish, when, and how. That introduces implementation risk for insurers because the timing, aggregation level and frequency of publication are not rigidly constrained by this determination.\n - Privacy constraint: APRA must continue to withhold personal information as defined in the Privacy Act. The determination explicitly notes that personal information remains excluded from the publishable non‑confidential set.\n\n**Who pays, who decides, and expected behaviour changes**\n\n- Who pays: Insurers and Lloyd’s underwriters bear the cost of preparing and submitting reporting data under the pre‑existing reporting standards; they also bear any indirect commercial cost from publication of aggregates. There is no new fee or direct tax.\n- Who decides: APRA (via the delegate who made this determination) decides which items are non‑confidential and has discretion to publish aggregated outputs under APRA’s publication power. The reporting standards (GRS/LOLRS) set the data scope; this instrument changes how APRA may treat those data for publication.\n- Expected behaviour changes: Insurers may review what they report or how granularly they record optional fields if they are concerned about commercial sensitivity, or seek further discussions with APRA on aggregation thresholds. Market participants (analysts, actuaries, insurers) may start to rely on APRA’s aggregated outputs for benchmarking and pricing decisions.\n\n**Concrete immediate effects**\n\n- APRA may publish the enumerated level 1 and level 2 aggregated outputs (premiums, counts, claims metrics) across the listed dimensions, except for the two specific cross‑tabulations reserved in Part 2 and excluding personal information. (Schedule; Part 2; subsection 56(5C) note.)\n- The instrument is administrative in character: it clarifies confidentiality status rather than changing the underlying data collection rules. It therefore changes how APRA (and users of APRA data) can use the collected data but does not impose new reporting duties on insurers.\n\n**References in the instrument**\n\n- Authority: section 57 of the Australian Prudential Regulation Authority Act 1998 (operative power used by delegate).\n- Publication power referred to: subsection 56(5C) of the Australian Prudential Regulation Authority Act 1998 (note in instrument).\n- Reporting standards: GRS 800.1, GRS 800.2, GRS 800.3 (General Insurers) and LOLRS 800.1, 800.2, 800.3 (Lloyd’s Underwriters) under the Financial Sector (Collection of Data) Act 2001 (Schedule, Part 1).\n\n(If you want, I can produce a one‑page checklist for an insurer summarising what fields remain sensitive and suggested internal steps to manage any commercial risk from APRA publications.)"},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This determination appears consistent with its original purpose under section 57 of the APRA Act — to specify which reporting documents contain confidential information. The scope is tightly focused on the National Claims and Policies Database for liability insurance lines, with the confidentiality carve-outs (Part 2) representing a targeted, proportionate approach to transparency rather than scope creep."},"complexity_factors":["Extensive tabular data categorising 29 different report types across level 1 and level 2 reports","8 data dimensions with multiple sub-categories each (e.g., 18 occupation categories, 8 product types, 11 state/jurisdiction options)","Cross-references to 6 external reporting standards (GRS 800.1-800.3 and LOLRS 800.1-800.3)","Nested conditional logic: confidentiality exceptions apply only when specific data dimensions appear in combination (state+occupation, or limit of indemnity+excess/deductible)","3 defined terms referencing external legislation (APRA Act 1998, Insurance Act 1973, Financial Sector (Collection of Data) Act 2001)","Distinction between 'level 1 reports' (raw data extracts) and 'level 2 reports' (aggregated analytical views)"],"plain_english_summary":"This APRA instrument requires general insurers and Lloyd’s underwriters to provide detailed public liability, product liability and professional indemnity data, and removes confidentiality for most of those records so APRA can publish aggregated statistics by year, state, industry, product and claim development. It protects commercially sensitive combinations—state with occupation, and limit of indemnity with excess—so insurers’ competitive or identifiable information remains confidential."}},"importantCases":[],"_links":{"self":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-2-of-2017","history":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-2-of-2017/history","analysis":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-2-of-2017/analysis","conflicts":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-2-of-2017/conflicts","importantCases":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-2-of-2017/important-cases","documents":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-2-of-2017/documents"}}