Data Availability and Transparency (National Data Commissioner) (Education and Support Related Functions) Delegation 2024

Overview

The Data Availability and Transparency (National Data Commissioner) (Education and Support Related Functions) Delegation 2024 was enacted by Gayle Milnes, the National Data Commissioner, under section 50 of the Data Availability and Transparency Act 2022. This delegation aims to streamline the education and support functions of the National Data Commissioner by delegating these responsibilities to a Senior Executive Service (SES) employee who reports directly to the Commissioner. By delegating these specific functions, the legislation seeks to enhance operational efficiency and ensure that the National Data Commissioner can focus on broader strategic objectives. The delegation commenced the day after it was signed on 25 July 2024.

Scope and Application

The Data Availability and Transparency (National Data Commissioner) (Education and Support Related Functions) Delegation 2024, made under section 50 of the Data Availability and Transparency Act 2022, outlines the delegation of specific functions related to education and support to an SES employee reporting directly to the National Data Commissioner. This delegation applies to the functions specified in section 45A of the Act and is applicable to the Commonwealth of Australia, ensuring that these delegated duties are carried out within the national jurisdiction. The delegation does not alter the fundamental scope or purpose of the Act but specifies the delegation of certain administrative and educational responsibilities to an appropriate SES employee. This delegation does not introduce new exclusions or exemptions beyond those already outlined in the Data Availability and Transparency Act 2022. The effectiveness of this delegation is contingent upon the functions being performed by an SES employee who directly reports to the National Data Commissioner, thereby maintaining the integrity and continuity of the National Data Commissioner's duties.

Key Provisions

The Data Availability and Transparency (National Data Commissioner) (Education and Support Related Functions) Delegation 2024 (the Delegation) outlines the delegation of specific functions from the National Data Commissioner to a Senior Executive Service (SES) employee. The Delegation begins on the day after it is signed (section 2). It is authorised under section 50(1) of the Data Availability and Transparency Act 2022 (the Act) (section 3). The terms used in the Delegation have the same meanings as in the Act (section 4). The key function delegated is the education and support related functions under section 45A of the Act, which are now assigned to an SES employee who directly reports to the National Data Commissioner (section 6). The Delegation imposes specific obligations on the parties involved. The National Data Commissioner must ensure that the delegated functions are carried out effectively and in compliance with the Act. The SES employee to whom the functions are delegated must perform these duties diligently and report any issues directly to the National Data Commissioner. Both parties must adhere to the terms and conditions set out in the Delegation and ensure that their actions align with the objectives of the Act. Failure to comply with the provisions of the Delegation or the Act can lead to significant consequences. Offences under the Act can result in both civil and criminal penalties. For example, section 62 of the Act specifies that a person who contravenes a provision of the Act may be subject to a civil penalty of up to $21,000 for an individual and $105,000 for a body corporate, as well as potential criminal penalties, which can include fines of up to $52,500 for an individual and $262,500 for a body corporate, or imprisonment for up to two years, or both, depending on the severity of the breach. These penalties underscore the importance of adhering to the requirements of the Delegation and the Act.