Data Availability and Transparency Act 2022

The Commissioner must investigate conduct engaged in by an entity, so far as it relates to a complaint made about the entity under section 88, unless the Commissioner is satisfied that a ground exists for not dealing with the complaint (see section 92).

The Commissioner must investigate conduct engaged in by an entity while it is or was a data scheme entity if the Minister directs the Commissioner to do so under subsection (1B).

The Minister may, by notifiable instrument, direct the Commissioner to investigate conduct engaged in by an entity while it is or was a data scheme entity, if the Minister:

is or was the accreditation authority for the entity; and

reasonably suspects that the entity has breached, is breaching or is proposing to breach this Act or a data sharing agreement.

The Commissioner may, on the Commissioner’s own initiative, investigate conduct engaged in by an entity while the entity is or was a data scheme entity if the Commissioner reasonably suspects that the entity has breached, is breaching or is proposing to breach this Act or a data sharing agreement.

An investigation may be conducted while the entity is, or after it has ceased to be, a data scheme entity.

The Commissioner may cease an investigation at any time if:

for an investigation under subsection (1)—the Commissioner is satisfied that a ground exists for not dealing with the complaint to which the investigation relates (see section 92); or

for an investigation under subsection (1A):

the Minister no longer reasonably suspects that the entity has breached, is breaching or is proposing to breach this Act or a data sharing agreement (as the case requires), and informs the Commissioner of that fact; or

the Commissioner otherwise considers it appropriate to cease the investigation; or

for an investigation under subsection (2)—the Commissioner:

no longer reasonably suspects that the entity has breached this Act or a data sharing agreement; or

otherwise considers it appropriate to cease the investigation.

The Commissioner may conduct an investigation in any manner the Commissioner considers appropriate.

The Commissioner may, for the purposes of an investigation, obtain information from any person, and make any inquiries, the Commissioner considers appropriate.

The Commissioner may require a person to give information or documents for the purposes of an investigation (see section 104), and may exercise powers under the Regulatory Powers Act to investigate breaches of certain provisions of this Act (see section 110).

If the Commissioner invites submissions in relation to an investigation, the Commissioner must have regard to any submissions made in response to the invitation.