138Annual report

138 Annual report

(1) After the end of each financial year, the Commissioner must prepare and give a report to the Minister, for presentation to the Parliament, on the Commissioner’s activities during the financial year. (2) The report must include the following in relation to the financial year: (a) information about legislative instruments and guidelines made by the Commissioner under this Act; (b) information about activities undertaken for the purposes of the regulatory functions set out in section 45; (c) a description of any efforts made by the Commissioner to assist data scheme entities to comply with the requirements of the data sharing scheme; (d) a statement of the following: (i) the number of requests received by data custodians of public sector data from accredited users for sharing of data under this Act and information about the reasons for requests being agreed to or refused; (ia) the number of such requests refused by data custodians where reasons for the refusal were not given within the time required by subsection 25(3); (ii) the number of data sharing agreements made; (iii) the number of entities accredited; (iv) the number of accredited entities as at the end of the financial year; (v) the number of complaints received by the Commissioner under Division 1 of Part 5.3 (scheme complaints); (vi) the number of complaints received by the Commissioner under Division 2 of Part 5.3 (general complaints); (vii) the number of complaints received by data custodians relating to the data sharing scheme or a data custodian’s conduct in relation to the data sharing scheme; (e) information about the activities of the National Data Advisory Council; (f) information about the number of APS employees made available to the Commissioner as mentioned in section 47; (g) a report on financial matters, including a discussion and analysis of the financial resources available to the Commissioner in the financial year and how they were used.

Note: The Commissioner may require data scheme entities to give information and assistance for the purposes of preparing the report (see section 34).

(3) The report may include any other information relating to the operation of the data sharing scheme that the Commissioner considers appropriate. (4) The report must be given to the Minister by the 15th day of the fourth month after the end of the financial year, or by the end of any further period granted under subsection 34C(5) of the Acts Interpretation Act 1901.