Document ID: chunk:federal_register_of_legislation:F2022L01719:reg:12
Version: federal_register_of_legislation:F2022L01719
Segment Type: reg
Provision Reference: reg 12
Character Range: 20903–22367

12  People principle—experience
 (1) This section applies if the data sharing purpose of a project is or includes informing government policy and programs, or research and development.
 (2) As part of satisfying itself that the project is consistent with the people principle set out in subsection 16(3) of the Act, an entity must take into account the experience of any individuals who are:
 (a) designated individuals for an accredited entity that is party to the data sharing agreement; and
 (b) permitted by the data sharing agreement to access data.
 (3) The entity may take experience into account by considering it in relation to a class or classes of individuals rather than in relation to each individual.
Example: An entity may consider a class of individuals as being appropriate to access data if all members of the class have appropriate experience handling sensitive data. In this situation, the entity is not required to assess the experience of each individual member of the class.
 (4) An individual's experience may enhance, or detract from, the individual's appropriateness to access data.
Note: For example, an individual's previous experience in handling Commonwealth, State or Territory government data (whether or not under the data sharing scheme) might enhance the individual's appropriateness to access data, if they handled that data appropriately. If the individual mishandled that data, this would detract from their appropriateness.