Data Availability and Transparency (Authorised Officers—Finance) Authorisation 2024

Overview

The Data Availability and Transparency (Authorised Officers—Finance) Authorisation 2024 was enacted to facilitate the effective implementation of the Data Availability and Transparency Act 2022 by identifying specific authorised officers within the Department of Finance. This instrument aims to streamline the data sharing scheme within the Department by clearly designating who is authorised to act on behalf of the department for data-related activities. Authorised officers, including Deputy Secretaries and Senior Executive Service (SES) employees with specific duties related to data strategy and governance, are identified under this authorisation to ensure there is clarity and authority in handling data transparency and availability mandates. The authorisation was made by Jenny Wilkinson, the Secretary of the Department of Finance, under the authority granted by the Data Availability and Transparency Act 2022. The primary objective of this authorisation is to provide a clear framework for the implementation of data-sharing protocols within the department, ensuring compliance with the overarching legislative intent to enhance transparency and availability of data within the public sector.

Scope and Application

The Data Availability and Transparency (Authorised Officers—Finance) Authorisation 2024 is an instrument made under the Data Availability and Transparency Act 2022, which aims to enhance data sharing across the finance sector. This authorisation specifically applies to individuals within the Department of Finance who are designated as authorised officers for the purposes of the data sharing scheme. These officers include Deputy Secretaries and Senior Executive Service (SES) employees whose roles encompass the establishment and management of the department's organisational policy for data strategy and governance. The instrument delineates the commencement date for its provisions, which is the day following its registration, and ensures that the definitions and expressions used align with those in the Data Availability and Transparency Act 2022. The authorised officers identified under this authorisation are empowered to enforce the provisions of the data sharing scheme, thereby facilitating more transparent and efficient data availability within the finance sector.

Key Provisions

The Data Availability and Transparency (Authorised Officers—Finance) Authorisation 2024 provides the legal framework for designating authorised officers within the Department of Finance (Finance) for the purposes of the data sharing scheme outlined in the Data Availability and Transparency Act 2022 (the Act). This authorisation specifies that certain individuals within Finance can act as authorised officers. Specifically, section 5 of the instrument designates that Deputy Secretaries and Senior Executive Service (SES) employees with specific responsibilities for setting and managing Finance’s data strategy and governance policy are authorised officers (subsection 137(2) of the Act). This means these individuals have the legal authority to enforce the provisions of the data sharing scheme. The Act imposes certain obligations on these authorised officers. Primarily, they are tasked with ensuring compliance with the data sharing requirements set forth in the Act. This includes overseeing the collection, sharing, and management of data within Finance in accordance with the legislative requirements. Authorised officers must also ensure that the department adheres to the standards and procedures established for data governance and transparency. Their role involves monitoring compliance, facilitating the sharing of data where necessary, and taking action to address any breaches or non-compliance issues. Failure to comply with the provisions of the Act can result in various consequences. Section 141 of the Act outlines the offences and penalties for breaches. These can include both civil and criminal penalties. For instance, individuals or entities that fail to comply with the data sharing requirements may face fines or other financial penalties. In more severe cases, unauthorised disclosure of data can lead to criminal charges, with potential penalties including imprisonment. The exact penalties depend on the nature and severity of the breach, with maximum penalties specified in the Act for different types of offences. The Data Availability and Transparency (Authorised Officers—Finance) Authorisation 2024 also stipulates the commencement date of the instrument, which is the day after it is registered. This timing ensures that the authorisation becomes effective immediately upon registration, allowing the designated officers to commence their duties without delay. The instrument clarifies that any commencement dates specified in the accompanying table apply only to the provisions as originally made and do not account for subsequent amendments. This ensures that the legal framework remains clear and enforceable from the outset.