This brochure explains:
what personal information is collected about you when you
apply for an Aviation Security Identification Card (ASIC) or Maritime Security
Identification Card (MSIC)
■ how your personal
information will be used, and
■ where you can find
out more information.
Why is my personal information being collected?
ASICs and MSICs can
only be issued after AusCheck has conducted a background check on you.
Your issuing body will apply to AusCheck for a background
check on your behalf.
In accordance with the Auscheck Act 2007, by applying for an
ASIC or MSIC and receiving this Privacy Notice, you are taken to have given
consent to another person making an application to Auscheck for a background
check. This consent applies to both the initial background check your issuing
body is applying for and any further background checks that are required or
permitted to be conducted as referred to in the Auscheck Act to determine your
continuing eligibility to hold an ASIC or MSIC. Additional checks that could be
conducted include the second check where you are applying for a four year MSIC
or a check requested by the Secretary of the Department of Infrastructure and
Your issuing body will collect the information that AusCheck
needs to correctly identify you and conduct a background check in relation to
you. For example, supplying your date of birth and address information helps
ensure that AusCheck can exclude criminal records that relate to a different
person with the same name as you.
What personal information is being collected about me?
AusCheck will need your:
■ identity information: your name, date and place of birth,
gender, any other names you have previously used, your contact details, your
current residential address, and all other previous residential addresses for
the past 10 years
■ photograph, and
■ work information: your employer's name and business address, and issuing body
If an immigration check is requested by your
issuing body, AusCheck will also need your:
■ immigration information: your date of arrival in Australia, port of arrival, and
other details that may be relevant, such as your travel document or visa number,
flight number or name of vessel, and the full name of your parents if you
entered Australia on your parents' passport.
AusCheck only uses your identity and immigration
information for the purposes of the background check. AusCheck stores your work
information and photograph in the AusCheck database for purposes explained later
in this brochure.
Any other personal information that your issuing body asks for is for their own purposes, not for AusCheck's purposes. If you have any
concerns, you should ask your issuing body to explain why they need that
additional information about you.
How will my personal information be used?
AusCheck will coordinate a background check, by using the
information you provide to your issuing body. AusCheck will only use your
personal information for conducting background checks as necessary to obtain and
continue to hold an ASIC or MSIC. This includes background checks conducted at
the request of the Secretary of the Department of Infrastructure and Transport
in circumstances where there are reasonable grounds for suspecting you have been
convicted of a relevant offence and/or you are a threat to transport security.
AusCheck will also provide personal information for other
purposes specifically required or permitted by law such as verifying ASIC or
MSIC details, responding to a national security incident and for law enforcement
In most cases AusCheck will use your personal information to
ask the following Government
agencies for information about you:
Australian Security Intelligence Agency (ASIO): ASIO will check your name on a
database of known persons involved with politically motivated violence to
undertake a "security assessment". ASIO
will also keep your information and use it as necessary for national security
If you are over 18 years of age, CrimTrac will check your criminal history in the databases
of all Australian legal jurisdictions and supply a copy of your criminal
record to AusCheck. CrimTrac will not use your information for any other
■ The Department of Immigration and Citizenship (DIAC): If your issuing body asks,
DIAC will check your citizenship status or your legal right to work in
Australia. DIAC may also use your information for immigration compliance
Generally the aim of spent conviction schemes is to prevent
discrimination against individuals on the basis of old and minor criminal
convictions for people who have had a 'clean' record since that time.
Generally a conviction for criminal offence will be considered
spent if all the following conditions are met:
it is old – it is ten years since the date of your conviction (or five
years if you were a child at the time of your conviction)
it was minor – the sentence of imprisonment was less than 30 months (two
and a half years) imprisonment (or the penalty did not include imprisonment at
■ there have
been no further convictions during the ten year waiting period (or five years if
you were a child at the time of your conviction), and
‘exclusion’ does not apply.
Spent convictions also include convictions that have been set
aside or pardoned. However, some exclusions apply to persons applying for an
ASIC or MSIC.
This means that the details of some
convictions for maritime and aviation security relevant offences will be given
to AusCheck and used in its assessment of you.
All other spent convictions are considered irrelevant to an
application for an ASIC or MSIC, and will not be given to AusCheck. If you believe the spent convictions rules have been breached, you can apply to the Office of the Australian Information
Commissioner for an investigation.
What happens after my background is checked?
AusCheck will use the results of these checks to advise your
issuing body whether you:
■ have an adverse criminal record
a qualified criminal record (ASIC only)
an adverse security assessment
a qualified security assessment
prevented for immigration reasons from being issued with an ASIC or MSIC
However, AusCheck will not provide your issuing body with
your criminal history unless you have applied for an ASIC and you have a
particular pattern of criminal convictions (a qualified criminal record). In no
circumstances will AusCheck provide your issuing body with a copy of your
AusCheck will also keep your personal information and photo
on a database. The database can be accessed by issuing bodies, industry
participants in certain circumstances, and Australian Government authorities
that have functions relating to law enforcement or national security.
4-year MSIC – 2 year check
If you apply and are found eligible to be issued
with a four year MSIC, Auscheck is required to undertake a second background
check in relation to you at the two year anniversary of your initial background
check. The fee you paid for your
four year MSIC includes the cost of this second background check. The second
background check is similar in nature and process to your initial check. By
applying for a four year MSIC you are taken to have consented to any background
checks that are required or permitted to determine your continuing eligibility
to hold a card, including the second background check of your criminal history,
security assessment, and, where appropriate, your immigration status.
If you apply for and are found eligible to be issued with a four year MSIC, but
you subsequently decide you do not want to have the second background check, you
can withdraw your consent for that second check by contacting your MSIC issuing
body before the second background check occurs. If you withdraw your consent for
the second check:
■ your MSIC
must be immediately cancelled, and
issuing body will receive a credit for AusCheck's fees associated with the
If you do not want to have a second background check, you have the option of
applying for a two year MSIC.
Where can I get more information? Where can I get more information?
■ aviation and
maritime security relevant offences and spent
Auscheck and others may use your
whom your personal information may be
■ your rights
to access and correct your personal information, and
■ how your
personal information is secured by AusCheck.
www.ag.gov.au/AusCheck or contact the Attorney-General’s Department