1.1
On 4 February 2021 the Senate referred the provisions of the Data Availability and Transparency Bill 2020 (the bill) and the provisions of the Data Availability and Transparency (Consequential Amendments) Bill 2020 (the consequential amendments bill) to the Senate Finance and Public Administration Legislation Committee (the committee) for inquiry and report by 29 April 2021.
Conduct of the inquiry
1.2
Details of the inquiry were made available on the committee's website. The committee also contacted a number of organisations and individuals inviting submissions to the inquiry. Submissions were received from 31 organisations and individuals, as detailed at Appendix 2.
1.3
The committee held a public hearing in Canberra on 20 April 2021. The witness list for the hearing can be found at Appendix 3.
Compatibility with human rights
Data Availability and Transparency Bill 2020
1.4
The statement of compatibility with human rights for the bill states that the bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
1.5
The Parliamentary Joint Committee on Human Rights (joint committee) examined the bill in its Report 2 of 2021 and Report 4 of 2021, where it raised a number of concerns and requested further information from the minister. Further detail is available in Chapter 4 of this report.
Data Availability and Transparency (Consequential Amendments) Bill 2020
1.6
The statement of compatibility with human rights for the consequential amendments bill states that the bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
1.7
The joint committee had no comment on the consequential amendments bill.
Consideration by the Senate Standing Committee for the Scrutiny of Bills
Data Availability and Transparency Bill 2020
1.8
The Senate Standing Committee for the Scrutiny of Bills (Scrutiny committee) examined the bill in its Scrutiny Digest 1 of 2021, where it raised a number of concerns and requested further information from the minister. It further considered the bill in its Scrutiny Digest 3 of 2021 and Scrutiny Digest 5 of 2021, taking into account responses provided by the minister.
1.9
Further detail on the Scrutiny committee's consideration is contained in Chapter 3 of this report.
Data Availability and Transparency (Consequential Amendments) Bill 2020
1.10
The Scrutiny committee had no comment on the consequential amendments bill.
Financial impact statement
Data Availability and Transparency Bill 2020
1.11
The explanatory memorandum states that the financial impact of the bill was $20.5 million from 2018-19 to 2021-22, and $11.1 million from 2020-21 over four years and $0.7 million ongoing from 2024-25.
Data Availability and Transparency (Consequential Amendments) Bill 2020
1.12
The explanatory memorandum states that the financial impact of the consequential amendments bill was $20.5 million from 2018-19 to 2021-22, and $11.1 million from 2020-21 over four years and $0.7 million ongoing from 2024-25.
Acknowledgments
1.13
The committee thanks those individuals and organisations who contributed to the inquiry by preparing written submissions and giving evidence at the public hearing.
Structure of the report
1.14
Chapter 2 contains an overview of the bills and the proposed data sharing scheme.
1.15
Chapter 3 provides further detail on the Scrutiny committee's consideration of the bill.
1.16
Chapter 4 canvasses the joint committee’s examination of the bill.
1.17
Chapter 5 sets out the key issues raised by submitters and concludes with the committee's views and recommendations.