AusCheck Privacy Notice

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 Transport.

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 details.

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 purposes.

In most cases AusCheck will use your personal information to ask the following Government agencies for information about you:

■   The 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 purposes.

■   CrimTrac: 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 purpose.

■   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 purposes.

Spent convictions

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 all)

■    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

■    an ‘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

■   have a qualified criminal record (ASIC only)

■   have an adverse security assessment

■   have a qualified security assessment

■   are 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 security assessment.

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

■    your issuing body will receive a credit for AusCheck's fees associated with the second check.

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?

The AusCheck Privacy Policy has more information about:

■    aviation and maritime security relevant offences and spent convictions

■    how Auscheck and others may use your personal information

■    to whom your personal information may be disclosed

■    your rights to access and correct your personal information, and

■    how your personal information is secured by AusCheck.

You can see the AusCheck Privacy Policy at:
www.ag.gov.au/AusCheck or contact the Attorney-General’s Department Privacy Officer.