Our regulatory approach
Our regulatory approach
The National Data Commissioner is the regulator for the DATA Scheme.
The Commissioner regulates and enforces the DATA Scheme through their regulatory functions.
The Commissioner’s regulatory functions include accrediting scheme participants, handling complaints from Scheme participants and others, assessing and investigating a Scheme participant, and taking enforcement action such as issuing infringement notices and directions, and seeking injunctions as well as civil and criminal penalties.
The Commissioner’s regulatory activities are informed by their regulatory approach and guided by the annual ONDC priorities.
Approach
Our regulatory approach will be guided by the principles of proportionality, transparency, accountability, fairness and timeliness.
A range of activities are available to the Commissioner to promote compliance with the DATA Scheme.
We will promote compliance with the DATA Scheme through education, guidance and advice. We will take regulatory and enforcement actions where required and to address non-compliance when necessary. This approach ensures that our regulatory activities are directed in the most effective manner, guided by our regulation and compliance principles.
Download the regulatory approach document below to read more.
Ministerial Statement of Expectations
In December 2025, Senator the Hon Katy Gallagher, Minister for Finance, Minister for Women, Minister for the Public Service, Minister for Government Services issued a Statement of Expectations for the acting National Data Commissioner.
The Statement of Expectations outlines the Minister’s expectations during the tenure of the acting Commissioner. This includes the expectation that the acting Commissioner exercise statutory functions and powers transparently, effectively and in line with regulator best practice as defined in the Regulatory Policy, Practice and Performance Framework and act in accordance with the Resource Management Guide 128: Regulator Performance.
Download the Ministerial Statement of Expectations below.
Acting National Data Commissioner’s Statement of Intent
In January 2026, the acting National Data Commissioner issued a Statement of Intent detailing how the Commissioner and the Office of the National Data Commissioner will meet the Minister’s expectations, and exercise functions and powers under the Data Availability and Transparency Act 2022 transparently and effectively, in accordance with best‑practice regulatory principles.
Download the National Data Commissioner's Statement of Intent below.
