{"id":"F2022L01260","name":"Data Availability and Transparency (Consequential Amendments) Transitional Rules 2022","slug":"data-availability-and-transparency-consequential-amendments-transitional-rules-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102685,"registerId":"commonwealth-F2022L01260-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Endnotes","sectionType":"section","heading":"Endnotes","content":"#### Endnotes\n\nEndnote 1—About the endnotes 5\n\nEndnote 2—Abbreviation key 6\n\nEndnote 3—Legislation history 7\n\nEndnote 4—Amendment history 8","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Data Availability and Transparency (Consequential Amendments) Transitional Rules 2022.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under Schedule 3 to the Data Availability and Transparency (Consequential Amendments) Act 2022.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n (1) In this instrument:\n\n> Commonwealth Social Services Department means the Department administered by the Minister who administers the Social Security (International Agreements) Act 1999.\n\n> DAT Act means the Data Availability and Transparency Act 2022.\n\n> DAT (Consequential Amendments) Act means the Data Availability and Transparency (Consequential Amendments) Act 2022.\n\n> Queensland Health means the entity declared to be a department of government under section 197 of the Public Sector Act 2022 (Qld), in the government gazette Public Service Departmental Arrangements Notice (No.1) 2023.\n\n (2) Any other expression used in this instrument that is defined in the DAT Act, or in Schedule 3 to the DAT (Consequential Amendments) Act, has the same meaning in this instrument as it has in the DAT Act or in that Schedule.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Transitional entities","content":"#### 5 Transitional entities\n\n For the purposes of the definition of transitional entity in subitem 1(1) of Schedule 3 to the DAT (Consequential Amendments) Act, each entity listed in column 1 of an item in the following table is prescribed as a transitional entity.\n\n```html\n

Transitional entities

Item

Column 1

Transitional entity

Column 2

Conditions of accreditation as an ADSP

Column 3

Start of transition period

1

Australian Bureau of Statistics

The day this instrument commences.

2

Australian Institute of Family Studies

The day this instrument commences.

3

Australian Institute of Health and Welfare

The day this instrument commences.

4

Commonwealth Social Services Department

The entity must not provide secure access data services as part of a project.

The day this instrument commences.

4A

Queensland Health

The entity must not provide complex data integration services as part of a project unless those services are provided by the Statistical Services Branch undertaking data linkage activities only.

The entity must not provide secure access data services as part of a project.

The entity must not provide de-identification data services as part of a project.

The day the Data Availability and Transparency (Consequential Amendments) Transitional Rules (Transitional Entity) Amendment Rule 2023 commences.

5

Queensland Treasury

The entity must not provide de‑identification data services or complex data integration services as part of a project unless those services are provided by the Queensland Government Statistician’s Office.

The entity must not provide secure access data services as part of a project.

The day this instrument commences.

6

Victorian Department of Health

The entity must not provide de‑identification data services, complex data integration services or secure access data services as part of a project unless those services are provided by the Centre for Victorian Data Linkage.

The day this instrument commences.

\n```","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Conditions of accreditation as an ADSP","content":"#### 6 Conditions of accreditation as an ADSP\n\n For the purposes of subitem 2(2) of Schedule 3 to the DAT (Consequential Amendments) Act, a condition (if any) listed in column 2 of an item in the table in section 5 is prescribed as a condition of accreditation as an ADSP applicable to the transitional entity listed in column 1 of that item.\n\n> Note: The accreditation of a transitional entity as an ADSP may also be subject to other conditions under the DAT Act.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Transition period","content":"#### 7 Transition period\n\n For the purposes of the definition of transition period in subitem 1(1) of Schedule 3 to the DAT (Consequential Amendments) Act, the transition period for a transitional entity listed in column 1 of an item in the table in section 5 is the period:\n (a) beginning at the start of the day listed in column 3 of that item; and\n (b) ending at the earliest of the following:\n (i) if the Commissioner renews the transitional entity’s accreditation as an ADSP under section 84 of the DAT Act—the start of the day when the renewed accreditation takes effect;\n (ii) if the Commissioner cancels the transitional entity’s accreditation as an ADSP under section 81 of the DAT Act—the start of the day when the cancellation takes effect;\n (iii) the end of 30 July 2025.","sortOrder":6}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument implements transitional prescriptions and temporary conditions for specified agencies under the DAT framework; it does not itself expand or narrow the substantive powers or definitions of the DAT Act but operationalises which entities are treated as transitional and the limited services they may provide during the transition (secs 3–7)."},"complexity_factors":["Cross-references to multiple external instruments and provisions (made under Schedule 3 to the DAT (Consequential Amendments) Act; defined terms drawn from the DAT Act and that Schedule) (secs 3–4)","Entity-specific conditions that vary by agency (differing service restrictions for Commonwealth Social Services Department, Queensland Health, Queensland Treasury, Victorian Department of Health) (sec 5, table)","Temporal rules with multiple triggers: commencement dates, Commissioner actions (renewal under s84, cancellation under s81 of the DAT Act) and a fixed statutory cut‑off (30 July 2025) (sec 7)","Dependency on a subsequent amendment for one provision’s start date (Queensland Health entry ties to a named 2023 amendment rule) (sec 5, item 4A)","Limited regulatory detail here—operational effect depends on definitions and powers in the DAT Act and Schedule 3, requiring cross-checking to understand full obligations (sec 4)","Potential compliance burdens are entity-specific but mechanically straightforward (observe service restrictions during transition), though oversight discretion resides with the Commissioner (secs 5–7)"],"plain_english_summary":"This instrument names specific Commonwealth and state agencies as “transitional entities” for accreditation under the Data Availability and Transparency framework, prescribes limited conditions on which data services some of those agencies may provide, and fixes the start and end of each entity’s transition period (including a hard end date of 30 July 2025). It affects the listed agencies’ ability to offer de‑identification, complex integration or secure access services and leaves renewal or cancellation timing to the Commissioner (secs 5–7)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function indicated by its title: it establishes transitional rules for consequential amendments. It has not expanded beyond its original purpose of prescribing specific entities for transitional ADSP accreditation with tailored conditions."},"complexity_factors":["Short instrument with only 7 operative sections","4 defined terms, all straightforward agency names or references to parent legislation","Single cross-reference mechanism (Schedule 3 to the DAT (Consequential Amendments) Act 2022)","Simple tabular structure for listing entities with conditions","No nested exceptions or conditional logic beyond the standard 'earliest of' date calculation in section 7","Conditions are entity-specific prohibitions rather than complex operational rules"],"plain_english_summary":"This instrument creates a temporary accreditation pathway under the DAT Act so six government agencies can act as Accredited Data Service Providers while they pursue full accreditation. It lets them start data-sharing work sooner but places tailored limits on some state health and treasury offices (e.g., excluding secure-access or de-identification services). The transitional arrangements run until 30 July 2025 at the latest or until individual accreditations change."}},"importantCases":[],"_links":{"self":"/api/acts/data-availability-and-transparency-consequential-amendments-transitional-rules-2022","history":"/api/acts/data-availability-and-transparency-consequential-amendments-transitional-rules-2022/history","analysis":"/api/acts/data-availability-and-transparency-consequential-amendments-transitional-rules-2022/analysis","conflicts":"/api/acts/data-availability-and-transparency-consequential-amendments-transitional-rules-2022/conflicts","importantCases":"/api/acts/data-availability-and-transparency-consequential-amendments-transitional-rules-2022/important-cases","documents":"/api/acts/data-availability-and-transparency-consequential-amendments-transitional-rules-2022/documents"}}