Consultation on Identity Verification Services Rules 2024
Feedback updated 12 Aug 2024
We asked
On 3 April 2024, the Attorney-General published a draft of the Identity Verification Services Rules 2024 (the Rules) on the department’s website for a 28-day consultation period, as required under the Identity Verification Services Act 2023 (the Act).
The purpose of the Rules is to prescribe the following matters, which are needed to support the operation of the Act and the identity verification services:
- listing state and territory privacy laws and government authorities, which must be listed for the purposes of participation agreements
- listing state and territory privacy laws, which must be listed for the purpose of the NDLFRS hosting agreement
- setting fees that government authorities and non-government entities must pay to connect to, and request the use of, the identity verification services.
You said
We received 8 submissions from advocacy groups and academia, government agencies, and industry organisations during the consultation period.
We also held targeted consultations with relevant industry organisations and Commonwealth, state and territory government authorities. This included:
- Commonwealth data holding agencies, and relevant state and territory government agencies
- Commonwealth law enforcement, intelligence and integrity agencies
- key industry stakeholders, in particular, Gateway Service Providers.
Most submissions provided feedback on the proposed fees and the timings for the commencement of the Rules. A submission also noted further privacy safeguards that could be included in the Rules. While out of scope of the Rules, respondents also provided technical suggestions on the operation of the identity verification services.
In accordance with paragraph 44(1B)(b) of the Act, the Attorney-General also consulted the Information Commissioner on the Rules in relation to privacy matters.
We did
As required by paragraph 44(1B)(c) of the Act, the Attorney-General considered all submissions received during the consultation period.
In response to feedback received, a change was made to subsection 8(2) of the Rules to clarify the application of connection fees where a government authority or non-government entity is seeking to have multiple connections to the same approved identity verification facility. This amendment better reflects existing arrangements for certain government authorities. To support this change, minor and technical consequential amendments were made to subsection 8(3).
We will continue to engage with relevant stakeholders to support the implementation of the Rules and will consider broader feedback as part of the review mechanisms under the Act.
The finalised Rules commenced on 14 June 2024. You can access the Rules and associated Explanatory Statement on the Federal Register of Legislation.
We thank everyone who engaged with this consultation process and provided a submission.
Published responses
View submitted responses where consent has been given to publish the response.
Overview
The Attorney-General invites submissions on draft rules to be made under the Identity Verification Services Act 2023 (the IVS Act).
The IVS Act, which passed the Australian Parliament on 7 December 2023, establishes a legislative framework to support the secure and efficient operation of the identity verification services, subject to strong privacy safeguards and oversight arrangements.
The identity verification services are a series of automated national services offered by the Australian Government that government and industry use every day to verify personal information on identity documents against existing government records, such as passports, driver licences and birth certificates.
Under subsection 44(1) of the IVS Act, the Attorney-General may make rules prescribing matters required or permitted by the Act to be prescribed in the rules, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The draft Identity Verification Services Rules 2024 (the draft Rules) includes the following matters, which are needed to support the effective operation of the identity verification services and are required or permitted to be made under the IVS Act:
- state and territory privacy laws and government authorities for the purposes of participation agreements
- state and territory privacy laws for the purpose of the NDLFRS hosting agreement
- fees that government authorities and non-government organisations must pay to connect to, and request the use of, the identity verification services.
Why we are consulting
Paragraph 44(1B)(a) of the IVS Act requires the Attorney-General to cause draft rules to be published on the department’s website before they are made and to invite submissions for a period of at least 28-days.
This consultation requirement reflects the Australian Government’s commitment to ensuring any proposed rules under the IVS Act aligns with the community’s expectations.
Consultation documents
We have prepared a consultation paper that provides an overview of each part of the draft Rules. We strongly encourage you to download, read and refer to this consultation paper in conjunction with the draft Rules when preparing your submission. The draft Rules are also available for download.
Interests
- Government
- Legislation
- Privacy
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