Our Regulatory Approach

Skip to main content
Main mobile navigation open

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.


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.

Regulatory Approach
671217 KB

Ministerial Statement of Expectations

In September 2022, Senator the Hon Katy Gallagher, Minister for Finance, Minister for Women, Minister for the Public Service issued a Statement of Expectations for the National Data Commissioner.

The Statement of Expectations outlines the Minister’s expectation that the Commissioner act in accordance with the principles of regulator best practice set out in the Regulator Performance Guide July 2021, and strive for continuous improvement in implementing the Data Availability and Transparency Act 2022 and the DATA Scheme. The Minister also expects the Commissioner to engage and seek to align with other Australian data and digital regulators, and other relevant experts and stakeholders.

Download the Ministerial Statement of Expectations below.

Ministerial Statement of Expectations
2286425 KB

National Data Commissioner’s Statement of Intent

In December 2022, the National Data Commissioner responded with a Statement of Intent detailing how the Commissioner and their Office will meet the Minister’s expectations.

The National Data Commissioner and the ONDC will act in accordance with the principles of best practice set out in the Regulator Performance Guide July 2021:

  • continuous improvement and building trust
  • risk based and data driven, and
  • collaboration and engagement.

Actions to progress the requirements set out in the Minister's Statement of Expectations are detailed in the National Data Commissioner's Statement of Intent.

Download the National Data Commissioner's Statement of Intent below.

National Data Commissioner's Statement of Intent
314906 KB