The ATO and DHS should take immediate steps to review and strengthen their operational governance practices as applied to jointly conducted data-matching programs. This should include:
- reviews to ensure that all steps and operations relating to existing or proposed datamatching programs are properly documented
- a review of all existing framework documents for existing or proposed data-matching programs
- a review of the operations of the ATO/DHS Consultative Forum and the ATO/DHS Data Management Forum
- a review of the existing Head Agreement/s, Memoranda of Understanding and Services Schedule
- a joint review of any existing or proposed data-matching program protocols to ensure they are legally compliant in respect of their provision for the data exchanges contemplated for the relevant data-matching program.
The Government accepts this recommendation.
The Government recognises the importance governance frameworks have in providing an effective level of oversight of joint programs operating between government agencies. These frameworks provide agencies with appropriate issues resolution pathways, clearly articulate the objectives of the arrangement and outline the expectations and responsibilities of each party.
The Australian Taxation Office and Services Australia are reviewing all existing data exchanges operating between the agencies to ensure all legal and ethical requirements are met, and that the governance arrangements and supporting framework documentation, including Memoranda of Understanding and joint forum terms of reference, are in place and accurately reflect the processes and procedures of the exchange.
The Australian Taxation Office and Services Australia will review new and existing data sharing arrangements in line with guidance material issued by the Office of the Australian Information Commissioner and the Office of the National Data Commissioner, and will consult with these oversight bodies where required.
