{"id":"F2022L00601","name":"Data Availability and Transparency Regulations 2022","slug":"data-availability-and-transparency-regulations-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102412,"registerId":"commonwealth-F2022L00601-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Prescribed provisions","content":"#### 5 Prescribed provisions","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Order or direction etc. under prescribed provision","content":"#### 6 Order or direction etc. under prescribed provision","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Barred data custodians: entities acting in a capacity under My Health Records Act 2012","content":"#### 7 Barred data custodians: entities acting in a capacity under My Health Records Act 2012","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Circumstances in which sharing is barred: Commonwealth Electoral Act 1918","content":"#### 8 Circumstances in which sharing is barred: Commonwealth Electoral Act 1918","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Circumstances in which sharing is barred: Director of Public Prosecutions Act 1983","content":"#### 9 Circumstances in which sharing is barred: Director of Public Prosecutions Act 1983","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":"Circumstances in which sharing is barred: Health Insurance Act 1973","content":"#### 10 Circumstances in which sharing is barred: Health Insurance Act 1973","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Circumstances in which sharing is barred: Migration Act 1958","content":"#### 11 Circumstances in which sharing is barred: Migration Act 1958","sortOrder":9},{"sectionNumber":"12","sectionType":"section","heading":"Circumstances in which sharing is barred: Privacy Act 1988","content":"#### 12 Circumstances in which sharing is barred: Privacy Act 1988","sortOrder":10},{"sectionNumber":"13","sectionType":"section","heading":"Circumstances in which sharing is barred: Royal Commissions Act 1902","content":"#### 13 Circumstances in which sharing is barred: Royal Commissions Act 1902","sortOrder":11}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear tightly scoped to their original purpose: operationalising the Data Availability and Transparency Act 2022 by specifying exclusions and definitions. The barred circumstances align with the Act's intent to permit data sharing while protecting sensitive categories of information."},"complexity_factors":["Heavy reliance on cross-references to 7 other Commonwealth Acts without reproducing their content","Prescriptive structure with 6 separate 'barred circumstances' sections, each tied to a different Act","Requires readers to understand the Data Availability and Transparency Act 2022 framework to make sense of these regulations","Minimal substantive text in provided excerpt — actual complexity likely higher when full definitions and prescribed provisions are populated","Nested legal concepts: 'entities acting in a capacity under' another Act requires understanding of statutory roles"],"plain_english_summary":"This instrument sets detailed rules for the Data Availability and Transparency Act 2022, specifying which provisions trigger legal effects, when orders count as made under them, and who can’t share certain datasets. It governs government data custodians and accredited researchers seeking access.\n\nIt matters because it locks down highly sensitive government information — notably health, electoral, criminal, immigration and other personal data — so data sharing for public benefit won’t expose people or compromise legal processes."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"No prior instrument or earlier text was supplied for comparison. From the provided Regulations alone, there is no indication that the scope has been altered from an earlier version; the text establishes definitions, delegated powers, and specified barred circumstances (regs 4–6, 7–13) but offers no material showing a change in scope."},"complexity_factors":["Cross-references to multiple external Acts create interpretive complexity (regs 8–13 reference Commonwealth Electoral Act 1918, Director of Public Prosecutions Act 1983, Health Insurance Act 1973, Migration Act 1958, Privacy Act 1988, Royal Commissions Act 1902).","Specific exclusion for entities acting under the My Health Records Act concentrates substantive limits on a regulated class of custodians (reg 7).","General definitions are central to application and will affect scope of all prohibitions and duties (reg 4).","Delegated rule-making and compliance enforcement via prescribed provisions and orders/directions introduces administrative discretion and operational complexity (regs 5–6).","Potential overlap and interaction between barred circumstances and other data-sharing permissions increases legal uncertainty for custodians and recipients.","Implementation and compliance burdens fall on data custodians and agencies who must identify barred circumstances and apply delegated directions (regs 4–6, 7–13)."],"plain_english_summary":"These Regulations set rules for sharing government-held data under the Data Availability and Transparency framework. They define terms, create prescribed powers for orders or directions, and specify circumstances in which data sharing is barred by reference to other Commonwealth statutes.\n\nThey affect data custodians and agencies (including entities acting under the My Health Records Act) by creating compliance obligations and limits on sharing; decision-making power for exceptions or directions is delegated through the prescribed provisions (regs 4–6; barred circumstances regs 7–13)."}},"importantCases":[],"_links":{"self":"/api/acts/data-availability-and-transparency-regulations-2022","history":"/api/acts/data-availability-and-transparency-regulations-2022/history","analysis":"/api/acts/data-availability-and-transparency-regulations-2022/analysis","conflicts":"/api/acts/data-availability-and-transparency-regulations-2022/conflicts","importantCases":"/api/acts/data-availability-and-transparency-regulations-2022/important-cases","documents":"/api/acts/data-availability-and-transparency-regulations-2022/documents"}}