{"id":"public-sector-data-sharing-act-2016","name":"Public Sector (Data Sharing) Act 2016","slug":"public-sector-data-sharing-act-2016","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106455,"registerId":"sa-public-sector-data-sharing-act-2016-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Public Sector (Data Sharing) Act 2016","content":"South Australia\nPublic Sector (Data Sharing) Act 2016\nAn Act to facilitate the sharing of data between public sector agencies; to provide for the sharing of data between public sector agencies and other entities; to provide for an Office of Data Analytics; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tInterpretation\nPart 2—Objects and interaction with other Acts\n4\tObjects\n5\tInteraction with other Acts\nPart 3—Office for Data Analytics\n6\tOffice for Data Analytics\nPart 4—Facilitating public sector data sharing\n7\tTrusted access principles\n8\tPublic sector data sharing authorisation\n9\tData sharing on direction by Minister\nPart 5—Data sharing safeguards\n10\tConfidentiality and commercial-in-confidence\n11\tData custody and control safeguards\n12\tOther data sharing safeguards\nPart 6—Minister may enter data sharing agreements\n13\tMinister may enter data sharing agreements\nPart 7—Miscellaneous\n14\tRestriction on further use and disclosure of public sector data\n15\tDelegation by Minister\n16\tPersonal liability\n17\tAnnual report\n18\tRegulations\n19\tReview of Act\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Public Sector (Data Sharing) Act 2016.\n2—Commencement\nThis Act will come into operation on a day to be fixed by proclamation.\n3—Interpretation\n\t(1)\tIn this Act—\ndata means any facts, statistics, instructions, concepts or other information in a form that is capable of being communicated, analysed or processed (whether by an individual or by a computer or other automated means);\ndata analytics work means the examination and analysis of data for the purpose of drawing conclusions about that data (including, for example, conclusions about the efficacy of Government policies, program management or service planning and delivery by public sector agencies);\ndata provider means the public sector agency that controls public sector data that is provided to a data recipient under Part 3 or Part 4;\ndata recipient means the public sector agency to which public sector data is provided under Part 3 or Part 4;\ndata sharing safeguards—Part 5 sets out the data sharing safeguards for the purposes of this Act that are applicable to the provision of public sector data by a public sector agency to another public sector agency;\nde-identified—personal information is de-identified if the information is no longer about an identifiable individual or an individual who is reasonably identifiable;\nexempt public sector data means—\n\t(a)\tpublic sector data held by a prescribed public sector agency; and\n\t(b)\tany other public sector data, or public sector data of a kind, prescribed by the regulations;\nindividual means a natural person (including a deceased person);\nODA—see section 6;\npersonal information means information or an opinion, including information or an opinion forming part of a database, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion;\npublic sector agency has the same meaning as in the Public Sector Act 2009 but—\n\t(a)\texcludes a person or body prescribed by the regulations for the purposes of this definition; and\n\t(b)\tincludes any other person or body prescribed by the regulations for the purposes of this definition;\npublic sector data means any data that a public sector agency controls;\ntrusted access principles—see section 7.\n\t(2)\tThe regulations may provide that section 16(1) does not apply in relation to a person or body prescribed for the purposes of paragraph (b) of the definition of public sector agency in subsection (1).\n\t(3)\tIf part of an existing public sector agency is designated as ODA under section 6, ODA is taken to be a public sector agency in its own right for the purposes of this Act.\nPart 2—Objects and interaction with other Acts\n4—Objects\nThe objects of this Act are—\n\t(a)\tto promote, in accordance with the trusted access principles and the data sharing safeguards, the management and use of public sector data as a public resource that supports good Government policy making, program management and service planning and delivery; and\n\t(b)\tto remove barriers that impede the sharing of public sector data between public sector agencies; and\n\t(c)\tto facilitate the expeditious sharing of public sector data between public sector agencies; and\n\t(d)\tto provide protections in connection with public sector data sharing under this Act by—\n\t(i)\tspecifying the purposes for, and the circumstances in which, public sector data sharing is permitted or required; and\n\t(ii)\tensuring that public sector data held by public sector agencies shared under this Act continues to be protected from unauthorised use or disclosure; and\n\t(iii)\tensuring that data providers retain responsibility for the release of public sector data outside the public sector under the Freedom of Information Act 1991; and\n\t(iv)\trequiring compliance with data sharing safeguards in connection with public sector data sharing; and\n\t(e)\tto provide for the Minister to enter into data sharing agreements with certain entities.\n5—Interaction with other Acts\n\t(1)\tSubject to subsection (2), the provision of public sector data by a public sector agency to another public sector agency is lawful for the purposes of any other Act or law that would otherwise operate to prohibit that provision (whether or not the prohibition is subject to specified qualifications or exceptions) if—\n\t(a)\tthis Act provides that the agency is authorised to provide the other public sector agency with the public sector data; and\n\t(b)\tthe agency provides the public sector data to the data recipient only for the purpose to which the authorisation relates.\n\t(2)\tNothing in this Act authorises, permits or requires a data recipient—\n\t(a)\tto use or disclose public sector data received under this Act for a purpose other than the purpose to which the authorisation to provide the data relates; or\n\t(b)\tto deal with any public sector data to which the State Records Act 1997 applies after it is provided under this Act otherwise than in compliance with the State Records Act 1997.\n\t(3)\tIf a document (within the meaning of the Freedom of Information Act 1991) is provided by a data provider to a data recipient under this Act, despite the Freedom of Information Act 1991 the following provisions apply:\n\t(a)\ta person does not have a right to access the document under that Act from the data recipient and must not be given access to the document by the data recipient;\n\t(b)\tinsofar as an application to the data recipient seeks access to the document under that Act—\n\t(i)\tthe data recipient must refer the application to the data provider; and\n\t(ii)\tthe application is taken to be transferred to the data provider under section 16(1)(b) of that Act but the data recipient is not required to forward a copy of the document to the data provider under section 16(2) of that Act.\n\t(4)\tThis Act is not intended to prevent or discourage the sharing of public sector data by public sector agencies if it is proper and reasonable to do so or if it is permitted or required by or under any other Act or law.\nPart 3—Office for Data Analytics\n6—Office for Data Analytics\n\t(1)\tThe Minister may, by notice in the Gazette, designate a public sector agency, or part of a public sector agency, as the Office for Data Analytics (ODA).\n\t(2)\tThe functions of ODA are—\n\t(a)\tto undertake data analytics work on public sector data received from across the whole of Government; and\n\t(b)\tto make the results of that data analytics work available to public sector agencies, to the private sector and to the general public as ODA sees fit; and\n\t(c)\tto perform any other functions conferred on ODA by the Minister.\n\t(3)\tODA is to undertake its functions in a manner that prioritises the provision of relevant and up to date information to public sector agencies about their service delivery, operations and performance.\n\t(4)\tODA may, with the written approval of the Minister, direct a public sector agency to provide public sector data to ODA for the purposes of carrying out its functions.\n\t(5)\tThe Minister must have regard to the trusted access principles before granting an approval under subsection (4).\n\t(6)\tThe Minister may impose specified requirements or limitations on the power of ODA to make a direction under subsection (4).\n\t(7)\tODA must comply with all relevant data sharing safeguards in respect of public sector data provided to it under this section.\nPart 4—Facilitating public sector data sharing\n7—Trusted access principles\n\t(1)\tThe trusted access principles to be applied in respect of the sharing and use of public sector data under this Act are set out in this section.\n\t(2)\tSafe projects\nThe purpose for which data is proposed to be shared and used must be assessed as appropriate having regard to—\n\t(a)\twhether the data is necessary for the purpose; and\n\t(b)\tthe proposed use of the data; and\n\t(c)\twhether the purpose for which data is proposed to be shared and used will be of value to the public; and\n\t(d)\twhether the public interest in the proposed sharing and use of data outweighs any contrary public interest; and\n\t(e)\twhether there is a risk of loss, harm or other detriment to the community if the sharing and use of the data does not occur.\n\t(3)\tSafe people\nA proposed data recipient must be assessed as an appropriate public sector agency with whom data may be shared for a particular purpose having regard to—\n\t(a)\twhether the proposed data recipient is appropriately equipped and in possession of the relevant skills and experience to effectively use data for the proposed purpose; and\n\t(b)\twhether the proposed data recipient will restrict access to the data to specified persons with appropriate security clearance; and\n\t(c)\twhether the data provider will be able to engage with the data recipient to support the use of the data for the purpose; and\n\t(d)\twhether other persons or bodies in addition to the data recipient are invested in the outputs of the project and the motivations of those persons or bodies to be so invested.\n\t(4)\tSafe data\n\t(a)\tIf data to be shared and used contains personal information, the personal information must be de‑identified unless—\n\t(i)\tthe person to whom the personal information relates has consented to the sharing and use; or\n\t(ii)\tthe sharing and use of the personal information is reasonably related to the original purpose for which it was collected and there is no reason to think that the person to whom the information relates would object to the sharing and use; or\n\t(iii)\tthe sharing and use of the personal information is in connection with a criminal investigation or criminal proceedings or proceedings for the imposition of a penalty; or\n\t(iv)\tthe sharing and use of the personal information is in connection with the wellbeing, welfare or protection of a child or children or other vulnerable person; or\n\t(v)\tthe sharing and use of the personal information is reasonably necessary to prevent or lessen a threat to the life, health or safety of a person; or\n\t(vi)\tthe purpose of the sharing and use of the personal information cannot be achieved through the use of de-identified data and it would be impracticable in the circumstances to seek the consent of the person to whom the information relates; or\n\t(vii)\tthe sharing and use of the personal information is for a prescribed purpose or occurs in prescribed circumstances;\n\t(b)\tData to be shared and used for a purpose must be assessed as appropriate for that purpose having regard to—\n\t(i)\twhether the data is of the necessary quality for the proposed use (such as being accurate, relevant and timely); and\n\t(ii)\twhether the data relates to people; and\n\t(iii)\tif data containing personal information is to be de‑identified, how that de‑identification will be undertaken and whether the data may be re‑identified, and if so, how it may be re‑identified.\n\t(5)\tSafe settings\nThe environments in which the data will be stored, accessed and used must be assessed as appropriate having regard to—\n\t(a)\tthe physical location where the data will be stored and used; and\n\t(b)\tthe location of any linked data sets; and\n\t(c)\twhether the proposed data recipient has appropriate security and technical safeguards in place to ensure data remains secure and not subject to unauthorised access and use (such as secure login, user authentication, encryption and supervision or surveillance); and\n\t(d)\tthe likelihood of deliberate or accidental disclosure or use occurring; and\n\t(e)\thow the data will be dealt with after it has been used for the purpose for which it is shared.\n\t(6)\tSafe outputs\nThe publication or other disclosure of the results of data analytics work conducted on data shared under this Act must be assessed as appropriate having regard to—\n\t(a)\tthe nature of the proposed publication or disclosure; and\n\t(b)\twho is the likely audience of the publication or disclosure; and\n\t(c)\tthe likelihood and extent to which the publication or disclosure may contribute to the identification of a person to whom the data relates; and\n\t(d)\twhether the results of the data analytics work or other data for publication or disclosure will be audited and whether that process involves the data provider.\n\t(7)\tPrescribed trusted access principles\nThe regulations may prescribe any additional requirements or principles relating to the safe and secure sharing and use of data for the purposes of the definition of the trusted access principles (and any such additional requirements or principles may relate to the same subject matters as the trusted access principles already set out in this section).\n8—Public sector data sharing authorisation\n\t(1)\tSubject to this Act, a public sector agency is authorised to provide public sector data, other than exempt public sector data, that it controls to other public sector agencies for any of the following purposes:\n\t(a)\tto enable data analytics work to be carried out on the data to identify issues and solutions regarding Government policy making, program management and service planning and delivery by public sector agencies;\n\t(b)\tto enable public sector agencies to facilitate, develop, improve and undertake Government policy making, program management and service planning and delivery by the agencies;\n\t(c)\tsuch other purposes as may be prescribed by the regulations.\n\t(2)\tBefore public sector data is provided to a public sector agency under subsection (1)—\n\t(a)\tthe public sector agency must make a written record of the purpose or purposes for which the public sector data is proposed to be provided and used as agreed with the public sector agency that is to provide the data; and\n\t(b)\tthe public sector agency that is to provide the data must apply the trusted access principles and be satisfied that the provision and use of the data is appropriate in all the circumstances.\n\t(3)\tA public sector agency must, on being satisfied that the sharing and use of data is appropriate under subsection (2), provide the data to the data recipient as soon as is reasonably practicable.\n\t(4)\tIf public sector data is provided under this section, the data provider and the data recipient must comply with all relevant data sharing safeguards.\n9—Data sharing on direction by Minister\n\t(1)\tThe Minister may direct a public sector agency to provide public sector data that it controls, including exempt public sector data, to another public sector agency for any of the purposes referred to in section 8(1).\n\t(2)\tA direction of the Minister under subsection (1)—\n\t(a)\tauthorises the public sector agency specified in the direction to provide public sector data in accordance with the direction; and\n\t(b)\tis binding according to its terms on each public sector agency referred to in the direction; and\n\t(c)\tmust, in relation to the provision of public sector data, specify—\n\t(i)\tthe nature and extent of the public sector data to be provided; and\n\t(ii)\tthe purposes for which the public sector data is to be provided.\n\t(3)\tThe Minister must, before making a direction under this section in relation to public sector data, have regard to the trusted access principles and be satisfied that the sharing and use of the data is appropriate in all the circumstances.\n\t(4)\tA public sector agency must, on being directed to provide data under subsection (1), provide the data to the data recipient as soon as is reasonably practicable.\n\t(5)\tIf public sector data is provided under this section, the data provider and the data recipient must comply with all relevant data sharing safeguards.\n\t(6)\tThe Minister must—\n\t(a)\tas soon as practicable after making a direction under subsection (1), cause notice of the direction to be published in the Gazette; and\n\t(b)\twithin 6 sitting days of making a direction under subsection (1), cause notice of the direction to be laid before each House of Parliament.\n\t(7)\tA notice under subsection (6) must specify the data provider, the data recipient and the general nature of the public sector data to which the direction relates.\nPart 5—Data sharing safeguards\n10—Confidentiality and commercial-in-confidence\n\t(1)\tA data recipient that receives public sector data containing confidential or commercially sensitive information under Part 3 or Part 4 must ensure that the confidential or commercially sensitive information is dealt with in a way that complies with any contractual or equitable obligations of the data provider concerning how it is to be dealt with.\n\t(2)\tIn this section—\nconfidential or commercially sensitive information means—\n\t(a)\tinformation a person or body controls that the person or body is required to keep confidential because of a contractual or equitable obligation; or\n\t(b)\tany other information the disclosure of which would prejudice any person's legitimate business, commercial, professional or financial interests.\n11—Data custody and control safeguards\n\t(1)\tA data provider and data recipient must ensure that public sector data provided under Part 3 or Part 4 is maintained and managed in compliance with any legal requirements concerning its custody and control (including, for example, requirements under the State Records Act 1997) that are applicable to them.\n\t(2)\tIf a data recipient arranges for a person or body (other than another public sector agency) to conduct data analytics work using public sector data with which it has been provided, the data recipient must ensure that appropriate contractual arrangements are in place before the public sector data is provided to ensure that the person or body deals with the data in compliance with any requirements of this Act, the State Records Act 1997 and any data security policies that are applicable to the data recipient.\n12—Other data sharing safeguards\nA data provider and data recipient must comply with such other requirements as may be prescribed by the regulations in connection with the provision and receipt of public sector data under Part 3 or Part 4.\nPart 6—Minister may enter data sharing agreements\n13—Minister may enter data sharing agreements\n\t(1)\tThe Minister may enter into an agreement relating to the sharing of data with a relevant entity.\n\t(2)\tAn agreement between the Minister and a relevant entity under this section may be subject to such conditions as are agreed between the Minister and the relevant entity, including conditions providing for—\n\t(a)\tthe provision of public sector data by a public sector agency to the relevant entity; and\n\t(b)\tthe provision of data by the relevant entity to the Minister or a public sector agency; and\n\t(c)\tthe application of 1 or more of the trusted access principles to the sharing of data under the agreement.\n\t(3)\tIf a relevant entity enters into an agreement under this section, the relevant entity must comply with the conditions of the agreement.\n\t(4)\tIf the Minister enters into an agreement that involves the provision of public sector data by a public sector agency to a relevant entity, the Minister may direct the public sector agency to provide public sector data that it controls to the relevant entity in accordance with the agreement.\n\t(5)\tThe provision of public sector data by a public sector agency to a relevant entity under an agreement under this section is lawful for the purposes of any other Act or law that would otherwise operate to prohibit that provision (whether or not the prohibition is subject to specified qualifications or exceptions) if the public sector data is provided in accordance with the agreement.\n\t(6)\tSection 16(1) does not apply to a relevant entity that enters into an agreement under this Part.\n\t(7)\tThe Freedom of Information Act 1991 does not apply to or in relation to a document (within the meaning of that Act) that is provided by a relevant entity, other than a person or body (or a person or body of a class) prescribed for the purposes of paragraph (c) of the definition of relevant entity, under an agreement under this section.\n\t(8)\tIn this section—\nrelevant entity means—\n\t(a)\tan agency or instrumentality of the Commonwealth, another State or a Territory of the Commonwealth; or\n\t(b)\ta council (within the meaning of the Local Government Act 1999); or\n\t(c)\ta person or body, or a person or body of a class, prescribed by the regulations.\nPart 7—Miscellaneous\n14—Restriction on further use and disclosure of public sector data\n\t(1)\tA data recipient must not use or disclose public sector data received pursuant to an authorisation under section 8 or section 9 other than for a purpose for which it was provided unless—\n\t(a)\tthe Minister, after consultation with the data provider, approves the use or disclosure; or\n\t(b)\tthe use or disclosure is required or authorised by or under law or an order of a court or tribunal; or\n\t(c)\tthe use or disclosure is reasonably required to lessen or prevent a serious threat to the life, health or safety of a person, or a serious threat to public health or safety; or\n\t(d)\tthe use or disclosure is in accordance with the regulations.\n\t(2)\tThe Minister must—\n\t(a)\tas soon as practicable after giving an approval for the purposes of subsection (1)(a), cause notice of the approval to be published in the Gazette; and\n\t(b)\twithin 6 sitting days of giving an approval for the purposes of subsection (1)(a), cause notice of the approval to be laid before each House of Parliament.\n\t(3)\tA notice under subsection (2) must specify—\n\t(a)\tthe data provider and the data recipient; and\n\t(b)\tthe general nature of the public sector data to which the approval relates; and\n\t(c)\tin the case of an approval for the use of public sector data—the purpose for which the data may be used under the approval; and\n\t(d)\tin the case of an approval for the disclosure of public sector data—to whom, and for what purpose, the data will be disclosed under the approval.\n15—Delegation by Minister\n\t(1)\tThe Minister may delegate any of the Minister's functions or powers under this Act.\n\t(2)\tA delegation—\n\t(a)\tmay be made—\n\t(i)\tto a particular person or body; or\n\t(ii)\tto the person for the time being occupying a particular office or position; and\n\t(b)\tmay be made subject to conditions or limitations specified in the instrument of delegation; and\n\t(c)\tif the instrument of delegation so provides, may be further delegated by the delegate; and\n\t(d)\tis revocable at will and does not derogate from the power of the Minister to act in any manner.\n\t(3)\tThe Minister must—\n\t(a)\tas soon as practicable after delegating a function or power under subsection (1), cause notice of the delegation to be published in the Gazette; and\n\t(b)\twithin 6 sitting days of delegating a function or power under subsection (1), cause notice of the delegation to be laid before each House of Parliament.\n\t(4)\tA notice under subsection (3) must specify—\n\t(a)\tthe delegate and the delegated functions or powers; and\n\t(b)\tany conditions or limitations imposed on the delegation; and\n\t(c)\twhether the instrument of delegation provides for further delegation by the delegate.\n16—Personal liability\n\t(1)\tA person acting honestly and in the exercise or purported exercise of functions in administration of this Act incurs no civil or criminal liability in consequence of doing so.\n\t(2)\tA civil action that would, but for subsection (1), lie against a person lies instead against the Crown, except in the case of a member of a body corporate or the governing body of a body corporate or a person employed or appointed by, or a delegate of, a body corporate, in which case it lies instead against the body corporate.\n17—Annual report\n\t(1)\tThe Minister must, as soon as practicable after each 30 June, cause a report to be prepared about the operation of this Act during the year ended on that 30 June.\n\t(2)\tWithout limiting subsection (1), a report relating to a year must include the following matters:\n\t(a)\tin relation to the provision of public sector data pursuant to a direction of ODA under section 6(4), a list of such directions including, in respect of each direction—\n\t(i)\tthe identity of the data provider and data recipient; and\n\t(ii)\tthe nature of the data; and\n\t(iii)\twhether the public sector data contained personal information and whether the data was, at the time of the direction, exempt public sector data;\n\t(b)\ta summary of the results of data analytics work undertaken by ODA and made available to public sector agencies, the private sector and the general public;\n\t(c)\tin relation to the provision of public sector data containing personal information under section 8(1), a list of all instances of such provision including the identification of the data provider and data recipient, the general nature of the data and the purpose for which the data was shared;\n\t(d)\ta list of all directions made by the Minister under section 9(1), including, in respect of each direction—\n\t(i)\tthe identification of the data provider and data recipient and the general nature of the public sector data; and\n\t(ii)\tthe purpose for which the public sector data was to be provided; and\n\t(iii)\twhether the direction related to public sector data containing personal information and whether the data was, at the time of the direction, exempt public sector data;\n\t(e)\ta list of all agreements entered into pursuant to section 13(1) including, in respect of each agreement—\n\t(i)\tthe identification of the parties to the agreement and the general nature of the data being shared; and\n\t(ii)\twhether the agreement related to the sharing of public sector data containing personal information and whether the public sector data was, at the time of sharing, exempt public sector data.\n\t(3)\tThe Minister must, within 6 sitting days after receipt of a report under this section, cause copies of the report to be laid before each House of the Parliament.\n18—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tRegulations under this Act may—\n\t(a)\tbe of general application or limited application; and\n\t(b)\tmake different provision according to the persons, things or circumstances to which they are expressed to apply; and\n\t(c)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or a prescribed person or body; and\n\t(d)\trefer to or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by a prescribed body, either as in force at the time the regulations are made or as in force from time to time.\n\t(3)\tIf a code, standard or other document is referred to or incorporated in the regulations—\n\t(a)\ta copy of the code, standard or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and\n\t(b)\tevidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document.\n19—Review of Act\n\t(1)\tThe Minister must, as soon as practicable after the third anniversary of the commencement of this Act, appoint a retired judicial officer to conduct a review of the operation of this Act.\n\t(2)\tThe Minister and any other person performing functions and powers under this Act must ensure that a person appointed to conduct a review is provided with such information as they may require for the purpose of conducting the review.\n\t(3)\tA report on a review under this section must be presented to the Minister within 6 months of the appointment under subsection (1).\n\t(4)\tThe Minister must, within 6 sitting days after receipt of a report under this section, cause copies of the report to be laid before each House of Parliament.\n\t(5)\tIn this section—\njudicial officer means a person appointed as a judge of the Supreme Court or the District Court or a person appointed as judge of another State or Territory or of the Commonwealth.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act\nYear\nNo\nTitle\nAssent\nCommencement\n2016\n61\nPublic Sector (Data Sharing) Act 2016 \n8.12.2016\n30.5.2017 (Gazette 30.5.2017 p1982)\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the legislative text was unavailable due to a broken or outdated URL following the SA legislation website's March 2026 update. No content was provided to compare against original intent."},"complexity_factors":["No legislative text was retrievable — a 404 error was returned instead of the Act's content","Complexity cannot be meaningfully assessed without access to the actual provisions","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"The Public Sector (Data Sharing) Act 2016 (SA) is a South Australian law that sets rules for when and how government agencies can share the data they hold. It affects anyone who deals with SA government bodies — residents, businesses and service users — because it governs whether an agency can legally disclose personal or business information to other agencies (for example, health records to police or tax data to welfare)."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act's operative scope aligns with its stated objects in s4: it facilitates sharing of public sector data between agencies, establishes ODA and permits Ministerial directions and agreements. The text vests substantial discretion in the Minister and in regulations (see ss6(4), 9, 13, 18), so practical reach can be extended or constrained by executive directions and subordinate instruments, but the enacted instrument itself does not alter its own stated objects."},"complexity_factors":["Multiple decision‑makers and wide Ministerial discretion: Minister can designate ODA, direct sharing (including exempt data), enter agreements, and delegate powers (ss6(1), 6(4), 9, 13, 15).","Detailed multi‑factor 'trusted access' tests that must be applied case‑by‑case (safe projects/people/data/settings/outputs) increasing assessment burden (s7).","Broad and technical definitions plus regulation‑making power can alter scope and operation (definitions and exemptions in s3; regulations s18).","Exceptions to de‑identification and limits on FOI create interaction complexity with other laws (s7(4); s5(3); s13(7)).","Interplay with record‑keeping and custody obligations under other statutes adds compliance duties (State Records Act references; s5(2); s11(1)).","Requirements when outsourcing analytics impose contractual controls and monitoring obligations on data recipients (s11(2)).","Reporting, publication and review obligations create ongoing administrative overhead (ss17, 19).","Liability allocation shifts and Crown indemnity for honest actions, plus delegation chains, affect risk management (s16; s15)."],"plain_english_summary":"This Act creates a legal framework authorising South Australian public sector agencies to share public sector data with each other, establishes an Office for Data Analytics (ODA) with power to require data, and allows the Minister to direct sharing (including exempt data) or enter data‑sharing agreements with other entities.\n\nIt attaches trusted access principles and safeguards (including de‑identification rules, custody and confidentiality obligations), restricts further use or disclosure without Ministerial approval, requires annual reporting and a statutory review, and protects officials from personal liability when acting honestly."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as stated in the long title: facilitating data sharing between public sector agencies, providing for sharing with other entities, and establishing an Office of Data Analytics. The regulation-making powers and prescription mechanisms were clearly built into the original framework as enabling provisions rather than scope creep."},"complexity_factors":["Moderate length (19 sections) with structured parts but not excessive","Multiple cross-references between Parts (e.g., Part 3 and Part 4 data sharing provisions interact with Part 5 safeguards)","Nested exceptions in section 7(4)(a) - 7 specific circumstances where personal information need not be de-identified","Further nested exceptions in section 14(1) - 4 circumstances where data can be used/disclosed for purposes other than originally authorised","Multiple defined terms (approximately 15 key definitions in section 3 including recursive definitions like 'public sector agency' referring to the Public Sector Act 2009)","Conditional logic throughout: Minister must be 'satisfied' before acting (sections 6(4), 9(3)), agencies must be 'satisfied' before sharing (section 8(2))","Regulation-making powers that extend scope (sections 3(1) 'exempt public sector data', 7(7) additional trusted access principles, 8(1)(c) additional purposes)","Interaction provisions with other Acts (section 5) creating complex hierarchies of lawful authority"],"plain_english_summary":"This South Australian law makes it easier for government agencies to share data with each other while protecting people's privacy and sensitive information.\n\n**What it does:**\n- **Creates a legal pathway** for public sector agencies (government departments, etc.) to share data they hold\n- **Establishes an Office for Data Analytics (ODA)** - a central body that can collect data from across government to analyse it and spot trends in policy, programs, and services\n- **Sets five 'trusted access principles'** that must be followed when sharing data:\n  - **Safe projects** - the purpose must be appropriate and in the public interest\n  - **Safe people** - the receiving agency must have proper skills, security, and need for the data\n  - **Safe data** - personal information must be de-identified (made anonymous) unless specific exceptions apply (like consent, criminal investigations, protecting children, or preventing serious harm)\n  - **Safe settings** - proper security and technical protections must be in place\n  - **Safe outputs** - published results mustn't allow people to be re-identified\n\n**Who it affects:**\n- **Public sector agencies** - they can now share data more easily with each other, and must follow the safeguards\n- **The Minister** - can direct agencies to share data (including exempt/sensitive data) and can make data sharing agreements with other governments (Commonwealth, other states, local councils) and prescribed entities\n- **The public** - benefits from better government policy and services, but has privacy protections\n\n**Key protections:**\n- Data recipients can't use data for purposes other than what it was shared for\n- Personal information generally must be de-identified\n- Confidential and commercially sensitive information stays protected\n- Annual reporting to Parliament about what data was shared\n- Three-year independent review of the Act\n\n**Why it matters:**\nBefore this law, government agencies often couldn't share data due to various legal barriers. This law removes those barriers *but* builds in strong privacy and security safeguards. It aims to improve government decision-making through data analysis while ensuring personal information is protected."},"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/public-sector-data-sharing-act-2016","history":"/api/acts/public-sector-data-sharing-act-2016/history","analysis":"/api/acts/public-sector-data-sharing-act-2016/analysis","conflicts":"/api/acts/public-sector-data-sharing-act-2016/conflicts","importantCases":"/api/acts/public-sector-data-sharing-act-2016/important-cases","documents":"/api/acts/public-sector-data-sharing-act-2016/documents"}}