Commencement of the Data Availability and Transparency Amendment (No. 1) Code 2025

The National Data Commissioner has made a new data sharing scheme instrument - the Data Availability and Transparency Amendment (No. 1) Code 2025 (the Code Amendment) which commenced on 20 June 2025. 

The Code Amendment implements an action identified by the DATA Scheme Working Group about the need for the DATA Scheme to clarify state and territory data rights. The status of other Working Group actions is available on ONDC’s website here.

The Code Amendment amends the Data Availability and Transparency Code 2022 to expressly recognise the rights and obligations of State and Territory bodies in respect of data they share under a contract or agreement through a Commonwealth body into a DATA Scheme data sharing project. It addresses concerns raised by jurisdictions about how their rights regarding the data they provide to Commonwealth bodies are protected under the DATA Scheme. 

The Code Amendment introduces new requirements for data sharing agreements to:

• identify state or territory data and the data provider;
• specify whether there are any conditions in the provisioning contract or agreement related to the sharing of that data; and
• where such conditions exist, specify how the data sharing is consistent with those conditions.

The new requirements will apply in relation to data sharing agreements entered into on or after 1 July 2025.

For further information or any enquiries regarding the Code Amendment, please contact the Office of the National Data Commissioner at information@datacommissioner.gov.au.