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Terms of Reference

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Purpose of the Review

Section 56GH of the Competition and Consumer Act 2010 (the Act) requires an independent review of the operation of Part IVD of the Act, which contains the primary legislation for the Consumer Data Right (CDR). A written report of the review must be given to the Minister in July 2022.

The requirement to conduct a review recognises the unique nature of the CDR and will provide CDR-designated sectors, consumers, and interested parties, with an opportunity to reflect on the risks, issues and opportunities presented by the CDR. The Review will consider whether the existing statutory framework supports the evolution of the CDR and is fit-for-purpose to realise the CDR’s objectives.

Terms of Reference

The CDR Statutory Review will consider the following questions:

  • Are the objects of Part IVD of the Act fit-for-purpose and optimally aligned to facilitate economy-wide expansion of the CDR?
  • Do the existing assessment, designation, rule-making and standard-setting requirements of the CDR framework support future implementation of the CDR, including to government-held datasets?
  • Does the current operation of the statutory settings enable the development of CDR-powered products and services to benefit consumers?
  • Could the CDR statutory framework be revised to facilitate direct to consumer data sharing opportunities and address potential risks?
  • Are further statutory changes required to support the policy aims of CDR and the delivery of its functions?

Methodology

To inform the review a public consultation and engagement process will be undertaken.

Timing

A written report of the Review must be provided to the Minister for Superannuation, Financial Services and the Digital Economy in July 2022. The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.

Background to the Review

The Review will be undertaken in the context of significant policy and governance developments in the CDR. This includes the roll out of the CDR to the banking sector, the introduction of rules to bring the energy sector into the CDR from late 2022, and the finalisation of the sectoral assessment and designation process for the telecommunications sector. The practical application of the CDR regime to these three sectors provides a good opportunity to reflect on the efficacy of the statutory framework as the CDR grows.

The CDR is a multi-year, complex initiative that will continue to grow and evolve over the next decade. As such the Review will need to consider the policy, governance and any other relevant recent developments in the CDR in responding to the Terms of Reference, including:

  • The Government response to the final report of the Inquiry into Future Directions for the Consumer Data Right (December 2020), which provides options to expand and enhance the functionality of the CDR.
  • The release of Government’s Digital Economy Strategy (announced as part of the 2021-22 Budget), which sets out a roadmap of initiatives to ensure Australia is a world-leading Digital Economy by 2030 – including the Australian Data Strategy, and the expansion of the Digital Identity System.
  • The CDR Strategic Assessment to inform the future expansion of the CDR, with a relevant consultation paper released by Treasury in July 2021.
  • Updates to CDR rules to support greater participation within the CDR ecosystem.
  • International developments in consumer-initiated data portability.