Administration Rules

See also information on Governance and Oversight; and Merits Review.

The legislation provides for Administration Rules to be developed which inform decision making and provide transparency in the operation of the access card.

In addition to legislation, the operation of the access card program and the registration process will be guided by Administration Rules, which are disallowable instruments. This means that each Administration Rule will be presented to Parliament for consideration over 15 sitting days and may be disallowed. (See information on Governance and Oversight).

In addition, the legislation specifies that access card Administration Rules must be developed in consultation with the Privacy Commissioner, and must take into account any comments made by the Commissioner.

The access card Administration Rules must be made to cover matters relating to identification, photographs and the retention and disposal of information. In addition, the legislation provides that Administration Rules may be made in relation to other matters specified in the access card Bill and can be made in relation to any decision making power.

Once these Administration Rules are made, all persons performing functions or duties under this legislation must comply with the Rules.

Administration (Identification) Rules will cover decisions regarding:

• Proof of Identity (POI) requirements for provision of identity documents;
• any additional information required from an individual regarding the establishment of their identity;
• the Department of Human Services Secretary’s satisfaction as to an individual’s identity;
• the basis for deciding whether the individual’s provision of POI documents has fully satisfied the access card standard, or has only partially met the standard, and hence is regarded as achieving interim POI status; and
• the disclosure of information to verify POI documents provided at access card registration.

Administration (Photograph) Rules will apply to the way in which photographs will be taken and outline the circumstances in which access, disclosure or use of photographs, or their associated numerical templates may be authorised.

Administration (Retention and Disposal) Rules will determine how long information collected is kept and when that information will be disposed of.

These Rules are expected to cover the retention of POI documents (such as copies of birth certificates and passports) provided at registration.

Exemptions from being registered From a date yet to be specified, a person will be required to be registered and have a current access card to receive Commonwealth health benefits veterans’ and social services. However, the proposed legislation allows the Minister for Human Services to make Administration Rules in regard to classes of individuals who may not be required to either be registered or have a card. An example of a class of people who may be required to be registered, but not required to have a card, could be persons in receipt of an Australian pension but who reside permanently overseas. While it will be important to register such individuals, provision of a card may not be necessary. (See information on Merits Review.)

Optional Administration Rules

The legislation allows that Administration Rules can be made in relation to other specific matters such as:

• adding of additional information relating to an individual to the access card Register and or chip;
• the circumstances when one individual may act as a representative of another individual;
• adopting, using or disclosing of access card numbers; and
• where there may be a need for the Minister to exempt a class of individuals from aspects of the access card registration process, such as the requirement to be over 18 to obtain a card, exemptions from the need to have a photograph taken, to provide a signature, legal name or residential address.

In addition, the legislation provides a general power to create Administration Rules covering any other decision making power. An example where this will be applied is the development of an Administration Rule covering decisions on the preferred or other name which an individual may apply to have on the Register or on the chip.

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