AusCheck (Category A identification documents) Determination 2020
I, Michael Pezzullo AO, Secretary of the Department of Home Affairs, make this instrument under section 5AA of the AusCheck Regulations 2017.
Dated 02 November 2020
Michael Pezzullo AO
Department of Home Affairs
Part 1—Preliminary
1 Name
This instrument is the AusCheck (Category A identification documents) Determination 2020.
2 Commencement
This instrument commences on the day after this instrument is registered.
3 Authority
This instrument is made under section 5AA of the AusCheck Regulations 2017 (the regulations).
4 Category A identification documents
Schedule 1 to this instrument determines the class of Category A identification documents for the purpose of section 5AA of the regulations.
Note: If a document of the class determined in Schedule 1 cannot be verified electronically by AusCheck for the purpose of a background check, subparagraph 5(1)(m)(ia) of the regulations provides that AusCheck can use details of one or more of the applicants Category B identification documents or Category C identification documents to verify electronically the individual’s identity for the purposes of a background check.
5 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Category A identification documents
Item | Category A identification documents |
1 | A birth certificate issued by the Government of Tasmania and registered before 1970 |
2 | A birth certificate issued by the Government of Norfolk Island |
3 | A birth certificate issued by the Government of New South Wales before 1952 (where the birth certificate only contains a district number) |
4 | A birth certificate showing the person’s place of birth as Christmas Island, which was issued before 1993 |
5 | A birth certificate showing the person’s place of birth as the Cocos (Keeling) Islands, which was registered before 1977 |
6 | Special Category visas |
7 | Queensland birth certificates registered before 1941 |
8 | A birth certificate issued by the Government of Tasmania where the person whose birth is recorded on the birth certificate is identified by only a single name (being either a first name or a surname but not both). |
9 | A birth certificate issued by the Government of Queensland where the person whose birth is recorded on the birth certificate is identified by only a single name (being either a first name or a surname but not both). |
10 | A birth certificate showing a person’s birth in South Australia and which was issued by the districts of Adelaide, Angaston, Burra, Clare, Daly, Encounter Bay, Flinders, Frome, Gawler, Gilbert, Grey, Hindmarsh, Kapunda, Mount Barker, Murray, Norwood, Pinnaroo, Pirie, Port Adelaide, Robe, Talunga and Willunga. |
Overview
The AusCheck (Category A identification documents) Determination 2020 was made by Michael Pezzullo AO, the Secretary of the Department of Home Affairs, under section 5AA of the AusCheck Regulations 2017. This determination was enacted to address the specific problem of verifying the identities of individuals who hold certain identification documents that are not verifiable electronically by AusCheck. The objective of this determination is to provide a framework for the use of alternative identification documents to verify the identity of applicants when the primary Category A documents cannot be electronically verified. The instrument commenced on the day after its registration and outlines the specific class of Category A identification documents that are subject to this determination, with provisions for the use of secondary identification documents in cases where primary documents cannot be verified electronically.
Scope and Application
The AusCheck (Category A identification documents) Determination 2020 applies to specific classes of identification documents that are classified as Category A under section 5AA of the AusCheck Regulations 2017. This determination, made by the Secretary of the Department of Home Affairs, delineates which documents fall into the Category A classification and thus are subject to verification procedures for background checks. The determination is made under the authority conferred by section 5AA of the AusCheck Regulations 2017 and includes a schedule that lists various types of birth certificates and special category visas that are designated as Category A identification documents. The jurisdictional reach of this determination is national, as it applies across Australia and is administered by the Commonwealth. Notably, the determination includes specific exclusions, such as birth certificates issued after certain dates or in certain jurisdictions, and specifies that for these documents, other forms of identification may be used if electronic verification is not possible. Additionally, the application and scope of the determination can be extended or clarified through subordinate instruments, which may provide further details or amendments to the classes of documents listed in Schedule 1.
Key Provisions
The AusCheck (Category A identification documents) Determination 2020 outlines the specific types of identification documents that are classified as Category A. This determination (Part 1, Item 4) provides a detailed list in Schedule 1, identifying documents such as birth certificates issued by various governments and territories before specific years, and under certain conditions (Schedule 1, Items 1-10). These documents are critical for identity verification purposes under the AusCheck Regulations 2017.
Under the AusCheck Regulations 2017, the determination imposes obligations on parties involved in the verification process. It requires that Category A identification documents be recognised as valid for background checks, and where such documents cannot be verified electronically, alternative documents from Categories B or C may be used (AusCheck Regulations 2017, section 5(1)(m)(ia)). This creates a clear framework for how identity verification should be conducted when Category A documents are not verifiable electronically.
Breaching the requirements set forth in this determination could lead to various consequences. The AusCheck Regulations 2017 do not explicitly state penalties for non-compliance with the determination itself but outline broader penalties for non-compliance with the regulations. For instance, section 16 of the AusCheck Regulations 2017 provides that a person who contravenes a provision of the regulations is liable to a civil penalty not exceeding 5,000 penalty units, and in the case of a corporation, a penalty not exceeding 25,000 penalty units. Additionally, section 21 allows for criminal penalties for serious breaches, with potential fines and imprisonment depending on the severity of the offence.
The determination also includes provisions for the amendment or repeal of other instruments specified in the Schedules, ensuring that the regulatory framework remains current and relevant (Part 1, Item 5). This dynamic aspect allows for the incorporation of new requirements or the removal of outdated ones, reflecting changes in the legislative and operational environment.
Overall, the AusCheck (Category A identification documents) Determination 2020 plays a crucial role in standardising the verification of identity documents, ensuring that the process is both efficient and legally compliant. The obligations imposed by the determination are designed to streamline the verification process while providing flexibility in the event that Category A documents cannot be verified electronically. The potential penalties for non-compliance underscore the importance of adhering to the provisions set forth in the determination and the broader AusCheck Regulations 2017.