AusCheck (Background Checks—ICC Men’s T20 World Cup Australia 2022) Declaration 2021

Overview

The AusCheck (Background Checks—ICC Men’s T20 World Cup Australia 2022) Declaration 2021 was enacted under the authority of the Minister for Home Affairs, Karen Andrews, in response to the need for stringent background checks for individuals associated with the accreditation process for the International Cricket Council Men’s T20 World Cup Australia 2022. This notifiable instrument was introduced to ensure that those involved in the major national event are thoroughly vetted to mitigate risks associated with criminal activities or security threats. It mandates the inclusion of specific assessments as outlined in the AusCheck Act 2007, particularly focusing on information related to criminal records, child-related offences, and, for those aged 18 years or over, terrorism-related offences. The policy objective is to safeguard the integrity and security of the event by ensuring that all accredited individuals undergo rigorous background checks, including electronic identity verification.

Scope and Application

The AusCheck (Background Checks—ICC Men’s T20 World Cup Australia 2022) Declaration 2021 applies to individuals whose background checks are required in connection with Major National Event (MNE) accreditation for the International Cricket Council Men’s T20 World Cup Australia 2022. Specifically, the declaration mandates that these background checks must include assessments relating to matters specified in paragraphs 5(b) and 5(d) of the AusCheck Act 2007, with an additional requirement for individuals aged 18 years or over to also include matters specified in paragraph 5(a) of the Act. The assessment for paragraph 5(d) must specifically involve an electronic identity verification check. This legislation is applicable on a national level, targeting individuals involved in the accreditation process for this particular major event. It is important to note that this instrument is subordinate to the broader AusCheck Act 2007, and its application is contingent upon the commencement of the AusCheck (Major National Event—ICC Men’s T20 World Cup Australia 2022) Declaration 2021.

Key Provisions

The main operative sections of this legislation, F2021N00208, pertain to the mandatory background checks required for individuals involved in the accreditation process for the International Cricket Council Men's T20 World Cup Australia 2022. Section 21F of the AusCheck Regulations 2017 mandates that these background checks must include the assessment of information relating to specific matters. For individuals under 18, assessments must cover paragraphs 5(b) and 5(d) of the AusCheck Act 2007, while for those 18 years and older, an additional assessment under paragraph 5(a) is required (section 21F(1)(a)). Furthermore, the assessment under paragraph 5(d) must include an electronic identity verification check (section 21F(1)(b)). This instrument takes effect immediately following the commencement of the AusCheck (Major National Event—ICC Men’s T20 World Cup Australia 2022) Declaration 2021. The obligations imposed by this legislation on the parties or entities involved are stringent. Specifically, those responsible for the accreditation of individuals connected with the ICC Men’s T20 World Cup Australia 2022 must ensure that the necessary background checks are conducted. These checks must encompass assessments of information concerning matters specified in the AusCheck Act 2007, including criminal history, terrorist-related activities, and identity verification. For those 18 years and older, the checks must also include an assessment of associations with criminal organisations. This comprehensive assessment ensures that only individuals with a clean background are granted accreditation, thereby safeguarding the integrity and security of the event. Failure to comply with the provisions of this legislation can result in significant consequences. While the notifiable instrument itself does not specify particular offences or penalties, breaches of the AusCheck Act 2007 can lead to substantial civil or criminal penalties. Under the Act, unauthorised disclosures of personal information can result in significant fines and, in severe cases, imprisonment. Additionally, any person found to have deliberately or recklessly contravened the Act could face criminal charges, which may include penalties of up to $210,000 for individuals and $1,050,000 for bodies corporate, as outlined in the AusCheck Act 2007. The stringent requirements and potential penalties underscore the importance of adhering to the legislative provisions.