Document ID: chunk:federal_register_of_legislation:F2022L01719:reg:10:p1
Version: federal_register_of_legislation:F2022L01719
Segment Type: reg
Provision Reference: reg 10 (pt 1/2)
Character Range: 14149–16925

10  People principle—projects for the data sharing purpose of informing government policy and programs and research and development
 (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) A data custodian, or an ADSP, may assume that any conflicts of interest in relation to the collection or use of data by the accredited user or its data accessors are appropriately managed if:
 (a) having made reasonable inquiries, the data custodian or ADSP is not actually aware of any such conflicts that are not appropriately managed; and
 (b) under the data sharing agreement, the accredited user is required to:
 (i) identify such conflicts of interest; and
 (ii) manage them appropriately in accordance with the data sharing agreement and any directions of the data custodian.
 (3) A data custodian, or an accredited user, may assume that any conflicts of interest in relation to the collection or use of data by an ADSP or its data accessors are appropriately managed if:
 (a) having made reasonable inquiries, the data custodian or accredited user is not actually aware of any such conflicts that are not appropriately managed; and
 (b) under the data sharing agreement, the ADSP is required to:
 (i) identify such conflicts; and
 (ii) manage them appropriately in accordance with the data sharing agreement and any directions of the data custodian.
 (4) As part of satisfying itself that a project is consistent with the people principle set out in subsection 16(3) of the Act, including by satisfying itself that its data accessors are appropriate persons to collect and use data, an accredited entity must:
 (a) identify any actual, potential or perceived conflict of interest that the entity or any of its data accessors have in relation to the collection or use; and
 (b) if any such conflict is identified:
 (i) notify the conflict, and any steps taken to manage it, to the data custodian and any other accredited entities that are party to the data sharing agreement; and
 (ii) manage the conflict appropriately in accordance with the data sharing agreement and any directions of the data custodian.
Note: An accredited entity may manage a conflict relating to one of its data accessors by ensuring that the data accessor manages the conflict.
Example: A researcher conducting environmental research at an Australian university, and using shared data, is also a member of an environmental group that interacts with the sharer. This is a conflict of interest for both the university and the researcher which may mean that neither the university nor the researcher are appropriate persons to collect and use data for the purposes of the people principle in subsection 16(3)