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Dataplace is a digital platform that supports better availability and use of data, including under the DATA Scheme.
Dataplace is managed by the Office of the National Data Commissioner (ONDC) and the Department of the Prime Minister and Cabinet on behalf of the Australian Government. ONDC sits within the Department of Finance and supports the National Data Commissioner, who has particular functions and powers under the Act and administers the DATA Scheme.
You can use Dataplace to:
Defined words in this document are in bold and the meaning of these words are provided at the end of this document. When we refer to you or your, we are referring to the organisation, business or entity that is a Dataplace Organisation on Dataplace.
When you accept these Terms of Use (Terms), you agree you are legally bound by these Terms and the individual accepting these Terms warrants to us that they are properly authorised by you to bind you to these Terms.
The Catalogue have supplementary terms, which are considered part of these Terms and available at Appendix A.
If you are a Non-corporate Commonwealth entity, we acknowledge these Terms do not create any enforceable rights or impose any legally binding obligations.
If you want to use Dataplace, you must register an account using only your full registered name or business name (including your ABN or ACN) to name your account. You must nominate at least one person to be an Organisation administrator for your Dataplace account. You must also nominate a group email to receive notifications from Dataplace and accept these Terms.
Once you have registered an account, Dataplace Users will access Dataplace services via an authentication service. When a Dataplace User accesses Dataplace for the first time a Dataplace account will be registered for that individual user.
You agree that you will use Dataplace, and that you will use your best endeavours to ensure Dataplace Users, operate Dataplace in accordance with these Terms.
As a Dataplace Organisation, your responsibilities include ensuring the safe and appropriate use of the digital services by the Dataplace Organisation and Dataplace Users.
A Dataplace Organisation must:
A Dataplace Organisation must not:
For those Dataplace Organisations that receive requests for data as a data custodian, your responsibilities are to:
We will provide identity authentication services to allow ready access to Dataplace, subject to the provision of those services by our third-party service providers, for which we have no responsibility.
We will maintain a service desk to respond to your enquiries and provide:
We will use best endeavours to inform you about significant changes to Dataplace that may impact the delivery of data sharing services.
Any document or information submitted by you through channels that we identify to you as appropriate for submission of a document under the Act, will be taken to have been submitted to the National Data Commissioner or the Minister, as appropriate, for the purposes of compliance with the Act.
We collect, use, store and disclose information from and contained in Dataplace:
We may routinely log, monitor and analyse your use of Dataplace for any attempted or actual misuse of Dataplace.
Under the DATA Scheme, foreign individuals may access DATA Scheme data as part of a data sharing project, provided the requirements of the National Security Measures Code are met.
In circumstances where a Dataplace Organisation who is an accredited entity has identified that one or more foreign individuals will be allowed to access data in a data sharing project, the Dataplace Organisation, as the responsible entity, must:
The Dataplace Organisation authorises the National Data Commissioner to facilitate disclosure of relevant information to ASIO consistent with the requirements of the National Security Measures Code, and any other applicable laws.
The National Data Commissioner will ensure that any such disclosure is limited to information that is necessary and appropriate to meet the requirements of the National Security Measures Code.
You must use confidential information only for the purpose(s) specified and not disclose confidential information without our prior written consent. You must protect confidential information from unauthorised use and disclosure.
You may disclose confidential information:
You agree that you are responsible for ensuring compliance with the Freedom of Information Act 1982 (Cth), Archives Act 1983 (Cth) or other applicable legislation in respect of any material that you, or a Dataplace User, stores on Dataplace.
All intellectual property contained, comprised in or derived from Dataplace, including copyright comprised in Dataplace, is owned by us or another third-party owner.
All logos, icons, brand names or service names that identify us are owned by, and remain the property of, the Commonwealth of Australia. All other trademarks or service marks on Dataplace are the property of their respective owners.
By using Dataplace, you do not acquire any rights or title in respect of the material that is accessible on Dataplace.
You must not make any unauthorised use of any material that is accessible on Dataplace (and you must not breach the intellectual property rights existing in respect of that material). If you do so, you may become liable for a breach of the intellectual property rights of the Commonwealth or third parties.
You grant to us an irrevocable, non-exclusive, licence-fee free and worldwide licence (including a right to sublicense) to use, reproduce, adapt and modify your material in order to exercise our rights under these Terms.
Dataplace services are delivered with ‘best endeavours’, ‘as is’ and without charge. We will make efforts to rectify issues in a timely manner once identified and as required to deliver Dataplace services, but do not warrant or guarantee that:
You agree that you will take adequate precautions to protect your systems against any risks associated with accessing Dataplace.
We will not be liable to you (whether in contract, tort, equity, statute or otherwise) for any loss or damage (including special, indirect, consequential or exemplary damages) that you suffer as a result of, or in connection with, your use of Dataplace.
You indemnify us and hold us harmless from and against (that means you must meet our costs and expenses, including legal costs on a full indemnity basis, arising from) any loss, damage, cost, expense, claim, proceeding or liability of any kind that we may incur or that may be brought by any person against us, that arises directly or indirectly from:
If you are a Non-corporate Commonwealth entity, the indemnities contained in this clause do not apply.
We may immediately terminate or suspend Dataplace Organisation access to or use of Dataplace at any time. If your Dataplace access is suspended or terminated:
You may contact us and request that we cancel or disable your access as a Dataplace Organisation. The Dataplace Organisation may cancel or disable Dataplace User accounts at any time.
We may assign, novate or transfer these Terms to another Commonwealth entity as a result of a machinery of government change or for any other reason.
We reserve the right to modify or replace these Terms (including the Supplementary Terms) at any time. Any changes will be effective immediately upon making the updated Terms available. We may notify your Organisation administrator of any changes to these Terms. Your continued use of Dataplace will constitute acceptance of any changes to these Terms.
These Terms are governed by the laws of the Australian Capital Territory. You agree to submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory.
In these Terms, the following words and expressions have the meanings set out below.
In these Terms, the following words and expressions have the meanings set out below.
Accredited entity has the meaning given in the Act.
Act means the Data Availability and Transparency Act 2022 (Cth), as it may be amended from time to time, and includes any regulations and statutory instruments made under the Act.
Catalogue means the Australian Government Data Catalogue.
Catalogue metadata means information about the metadata records of open and restricted data held by participating government agencies, and related information, provided by data custodians for the Catalogue.
Commonwealth entity has the meaning given in the Public Governance, Performance and Accountability Act 2013 (Cth).
Confidential information means information on, or contained in, Dataplace that is either marked as ‘Confidential’ or that a reasonable person would assume to be confidential or proprietary given the terms of its disclosure, but does not include information that:
Conflict of interest means any matter, circumstance, interest or activity that may or may appear to impair the ability of the Dataplace Organisation to act diligently and independently, including due to any conflict between the Dataplace Organisation and obligations to another entity (such as another Dataplace Organisation) or the Dataplace Organisation’s interests or activities.
Dataplace means the digital platform and associated services that you can access through your account.
Dataplace Organisation means an organisation, business or entity that has registered an organisation profile on Dataplace.
Dataplace User means an individual affiliated with, or authorised by, a Dataplace Organisation, who has been granted an account to access or use Dataplace by their Organisation administrator.
Data custodian is an organisation that has the authority to make decisions about sharing requested data, whether alone or jointly with other entities. Data custodians include the Commonwealth bodies defined as “data custodians” under the Act.
DATA Scheme means the best practice scheme established under the Act to facilitate and regulate the sharing of Australian Government data.
Data transparency statement means the statement found at the associated link as updated from time to time.
Foreign individual means an individual who is not an Australian citizen or permanent resident.
National Security Measures Code means the Data Availability and Transparency (National Security Measures) Code 2022 (Cth).
Non-corporate Commonwealth entity has the meaning given in the Public Governance, Performance and Accountability Act 2013 (Cth).
ONDC means the Office of the National Data Commissioner.
Organisation administrator means the person or persons nominated, to act in that capacity on behalf of a Dataplace Organisation in respect of their Dataplace organisation profile.
Privacy Act means the Privacy Act 1988 (Cth) and includes any regulations and statutory instruments made under the Privacy Act.
Privacy policy means the policy found at the associated link as updated from time to time.
Supplementary Terms means the supplementary terms applicable to the Catalogue available at Appendix A.
Terms means Dataplace Terms of Use.
‘’We’, our or ‘us’ refers to the Australian Government represented by the Office of the National Data Commissioner which sits within the Department of Finance, and supports the National Data Commissioner.
‘You’ or ‘your’ refers to the organisation, business or entity on whose behalf an individual accepts these Terms.
Appendix A: Supplementary Terms for the Australian Government Data Catalogue
The ONDC has developed the Catalogue, within the Dataplace platform, to serve as a central point to facilitate discovery, use and re-use of Australian Government public sector data.
These Supplementary Terms of Use for the Catalogue (Supplementary Terms) govern your use of the Catalogue as a Data custodian and provider of information about your data asset inventories (Catalogue metadata) onto the Dataplace platform.
By submitting your Catalogue metadata onto Dataplace, you agree to comply with these Supplementary Terms.
The Supplementary Terms are intended to be read in conjunction with the Dataplace Terms of Use in governing the use of the Catalogue. In the event of any inconsistency between the Supplementary Terms and the Dataplace Terms of Use, the Dataplace Terms of Use will prevail over the Supplementary Terms.
By submitting your Catalogue metadata to Dataplace, you represent and warrant that you have the necessary rights, permissions, and authorisations to upload and distribute your Catalogue metadata through Dataplace.
You agree to make reasonable efforts to submit Catalogue metadata that is accurate, up-to-date, and complete to Dataplace.
You represent and warrant that you will make reasonable efforts to ensure that the Catalogue metadata you submit complies with all applicable laws, regulations, and third-party rights, including but not limited to intellectual property rights, privacy rights, and data protection laws.
You retain all intellectual property rights to your Catalogue metadata.
You grant us an irrevocable, non exclusive, licence-fee free and worldwide licence (including a right to sub-license) to use, reproduce, adapt and modify your Catalogue metadata in order to exercise our rights under these Terms (including the Supplementary Terms).
By submitting your Catalogue metadata to Dataplace, you grant other users of the Catalogue a non-exclusive license to access and use such information for their lawful purposes.
You agree that we will not be liable to you (whether in contract, tort, equity, statute or otherwise) for any loss or damage (including special, indirect, consequential or exemplary damages) that you suffer as a result of, or in connection with:
If you are a Non-corporate Commonwealth entity the indemnities contained in this clause do not apply.