Victorian Data Sharing Bill 2017

The purposes of this Act are—

1. to establish the office of Chief Data Officer; and
2. to promote the sharing and use of public sector data as a public resource that supports government policy making, service planning and design; and
3. to remove barriers that impede the sharing of identifiable data with the Chief Data Officer or with data analytics bodies, and to facilitate the sharing of data across the public sector; and
4. to provide protections in connection with data sharing under this Act, by—
1. specifying the purposes of data sharing, and the circumstances in which sharing of identifiable data is permitted; and
2. ensuring that data that is handled under this Act is protected from unauthorised access, use or disclosure; and
5. to make consequential and other amendments to other Acts.

• Legislation to protect women affected by family violence by better sharing information and prioritising victim survivors over their perpetrators
• The development of a Central Information Point to facilitate information sharing across agencies involved in protecting women from family violence
• The creation of an Office of Victorian Information Commissioner, bringing together freedom of information with data protection and privacy, to provide independent oversight across those closely-related fields.

"Governments everywhere are facing significant challenges — whether this be increased community expectations around the role of government, entrenched complex policy problems like family violence, the 24/7 news and social media cycle, constrained budgets, or rapid social and technological change.

In the face of these challenges, the Victorian public sector needs to find new ways to engage, use technology and build capability. This government is committed to a renewed focus on reform and innovation to improve the lives of Victorians. We have articulated this commitment in our Public Sector Reform Statement: Delivering Exceptional Outcomes for Victorians.

Data is fundamental to delivering better services and outcomes for Victorians. Government collects vast quantities of data in serving the needs of Victorians–about education and health, our communities, business, employment, infrastructure and the environment. The value of this data is in what we do with it, how we use it, and who can use it. By enabling it to be shared and used, we can harness its true value — generating insights that help us make the most informed policy decisions and design the most effective services...

This bill provides the clarity that Victorian agencies need to share data, together with the protections and oversight functions that Victorians expect. It is an important step towards data reform, in line with what many jurisdictions across Australia are undertaking.

The greater data sharing and enhanced data insights that result from this bill will make the Victorian government smarter, more responsive, and better placed to deliver exceptional outcomes to Victorians."

1. to conduct data integration and data analytics work to inform government policy making, service planning and design;
2. to build capability in data analytics across the public sector;
3. to lead and coordinate cross-jurisdictional data sharing and data integration work on behalf of the State of Victoria;
4. to make available to data sharing bodies and designated bodies—
1. integrated data sets; and
2. the results of data analytics work;
5. to collaborate with data sharing bodies and designated bodies;
6. functions incidental to the functions referred to in paragraphs (a) to (e);
7. any other functions conferred on the Chief Data Officer under this Act or any other Act.

1. A person must not, without reasonable excuse, access, use or disclose any data or information obtained by the person under this Act other than—
1. in accordance with this Act; or
2. in connection with the performance of functions under this Act.

Penalty: 240 penalty units or imprisonment for 2 years or both.

2. Without limiting what may be a reasonable excuse, it is a reasonable excuse if the person took reasonable steps not to access, use or disclose the data or information.