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.
Continuity in current functions
We will maintain confidence and continuity in administering the DATA Scheme by undertaking the following actions.
• Exercising the acting Commissioner’s regulatory, advice, guidance and education and support related functions under the Act as necessary.
• Maintaining public registers of accredited users, accredited data service providers and data sharing agreements.
• Maintaining timeliness of accreditation assessments, support for data sharing requests and complaints handling.
• Preparing and publishing annual reports on the operation of the DATA Scheme.
• Continuing to provide and support the Dataplace platform and the Australian Government Data Catalogue.
• Providing clear, timely and consistent communications and engagement with Scheme entities and key stakeholders to support stability and confidence.
• Maintaining ONDC organisational capability and continuity as Scheme regulator, providing clear direction and communications to staff throughout this transitional period.
• Focusing resources where they are most needed, consistent with the current constrained fiscal environment.
Support the Government's review response
We will contribute to development of the Government's review response while maintaining regulatory independence by undertaking the following actions.
• Ensuring our decisions and actions do not pre-empt Government decisions.
• Identifying aspects of the operation of the Scheme for improvement, drawing on knowledge and practical experience within ONDC, and our understanding of the context in which the Scheme operates.
• Providing practical insights on the operation of the Scheme and relevant data and analysis.
Reform readiness
We will prepare the office and stakeholders for reforms arising from the review.
Once the Government has settled its approach, we will engage with Scheme entities to inform and consult with them about any reforms and their implications. We will support Scheme entities with any required transitions.
We will contribute to implementation of agreed reforms as appropriate. This will include responding to priority areas for implementation planning or system adjustment.
Regulatory approach
We will uphold the principles of regulator best practice outlined in the Regulatory Policy, Practice and Performance Framework and act in accordance with the principles of regulator best practice outlined in Resource Management Guide 128: Regulator Performance.
In particular, we will:
• Act with independence, integrity, and transparency in all regulatory activities.
• Apply a risk-based and proportionate approach to regulation.
• Support economic growth and productivity by minimising unnecessary regulatory burden and enabling innovation.
• Engage openly and constructively with stakeholders, fostering trust and collaboration.
• Communicate expectations, requirements, and changes clearly to all Scheme entities and stakeholders.
• Ensure decisions and actions are evidence-based, consistent, and clearly documented.
• Promote continuous improvement by regularly reviewing regulatory practices, seeking feedback and cooperating with other relevant regulators.
Reporting and transparency
We will provide regular updates to the Minister through the ONDC annual report and a mid-year report to the Minister on accreditation activities and data sharing agreements. The Minister's Statement of Expectations and this Statement of Intent is published on our website.
Download the National Data Commissioner's Statement of Intent below.
