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Human Services (Enhanced Service Delivery) Bill 2007

Part 2 Registration

Division 1 What this Part is about

11   What this Part is about

This Part is about registration. You need to be registered on the Register before you can get an access card.

Division 2 tells you how you can get registered. To be registered, you must be eligible and apply.

Division 3 is about the Register. It has the information about you that is included on the Register. It also has the Secretary’s obligations in relation to the Register.



 

Division 2 Getting registered

12   Are you eligible to be registered?

                   You are eligible to be registered on the * Register if:

                     (a)  you are eligible or qualified for a * Commonwealth benefit; and

                     (b)  you are not already registered.

13   Applying for registration

             (1)  You, or someone else on your behalf, may apply to the Secretary for you to be registered on the * Register by:

                     (a)  lodging a written application in accordance with subsection (2); or

                     (b)  making an application (whether or not in writing) in a manner approved by the Secretary.

             (2)  For the purposes of paragraph (1)(a), a written application must:

                     (a)  be in the form approved by the Secretary; and

                     (b)  be accompanied by such other specified information or specified * document that the Secretary:

                              (i)  determines is needed for the Secretary to be satisfied of your identity; or

                             (ii)  determines is needed to obtain information that is required to be included on the * Register.

Note:          When making a determination under subparagraph (2)(b)(i), the Secretary must take into account identity guidelines that are in force: see section 66.

             (3)  In approving a form under paragraph (2)(a), the Secretary must:

                     (a)  consult with the * Privacy Commissioner; and

                     (b)  take into account any comments made by the Privacy Commissioner.

However, a failure to comply with this requirement does not affect the validity of the approval of the form.

             (4)  For the purposes of assessing your application, the Secretary may request you to give the Secretary specified additional information or a specified additional * document that the Secretary:

                     (a)  determines is needed for the Secretary to be satisfied that you are eligible to be registered; or

                     (b)  determines is needed for the Secretary to be satisfied of your identity; or

                     (c)  determines is needed to obtain information that is required to be included on the * Register.

Note:          When making a determination under paragraph (4)(b), the Secretary must take into account identity guidelines that are in force: see section 66.

14   When the Secretary must register you

                   The Secretary must register you if:

                     (a)  you are eligible to be registered (see section 12); and

                     (b)  in accordance with section 13, you applied, or someone else applied on your behalf, for you to be registered; and

                     (c)  the Secretary determines that he or she is satisfied of your identity.

Note:          When making a determination under paragraph (c), the Secretary must take into account identity guidelines that are in force: see section 66.

15   When registration happens

             (1)  You are registered when the Secretary includes on the * Register:

                     (a)  either:

                              (i)  your legal name, unless you are exempted from this requirement (see section 65); or

                             (ii)  if you are so exempted—your preferred name; and

                     (b)  the date of effect of the registration.

             (2)  The date specified as the date of effect of your registration may be any date (including a date before your application for registration was made).

             (3)  The Secretary must give you a written notice of the registration.



 

Division 3 The Register

16   The Register

             (1)  The Secretary must establish and maintain the * Register.

             (2)  The * Register may be kept in any form or manner that the Secretary considers appropriate.

             (3)  The * Register is not a legislative instrument.

17   Information on the Register

             (1)  Once you are registered, the Secretary must include on the * Register the information set out in the following table.

 

Information on the Register

Item

Topic

The Secretary must include this information on the Register:

1

name

(a) your * legal name, unless you are exempted from this requirement (see section 65);

(b) if you are so exempted—your preferred name;

(c) if you are not so exempted, your preferred name is different from your legal name and you request the Secretary to include your preferred name on the * Register—that preferred name;

(d) if you have another name and either you request the Secretary to include that name on the Register or that name is known to the Secretary—that other name;

(e) if you are entitled to be known by the title “Mr”, “Mrs”, “Ms”, “Miss” or “Dr” and you request the Secretary to include that title on the Register—that title;

(f) if you have been awarded an honour under the Australian or British honours system and you request the Secretary to include that honour on the Register—that honour;

 

2

birth

your date of birth, unless the Secretary determines that it need not be included on the * Register;

3

citizenship or residency

(a) if you are an Australian citizen—that fact;

(b) if you are an * Australian resident—that fact, and such other information about that fact as is determined by the Secretary;

(c) if you are a visitor to Australia to whom an international agreement relates, being an agreement made between Australia and a foreign country under subsection 7(1) of the Health Insurance Act 1973 —that fact, and such other information about that fact as is determined by the Secretary;

4

Indigenous status

(a) if you are an Aboriginal person (within the meaning of the Aboriginal and Torres Strait Islander Act 2005 ) and you request the Secretary to include that fact on the Register—that fact;

(b) if you are a Torres Strait Islander (within the meaning of the Aboriginal and Torres Strait Islander Act 2005 ) and you request the Secretary to include that fact on the Register—that fact;

5

sex

your sex;

6

contact details

(a) if you have a residential address—that address;

(b) if you have a postal address—that address;

(c) if you request the Secretary to have your email address included on the * Register—that address;

(d) if you request the Secretary to have your phone number included on the Register—that number;

(e) if you are visually impaired and you request the Secretary to include on the Register information about a reasonable manner or format in which you would prefer correspondence to be provided to you—that information;

7

benefit cards

if you hold a * benefit card—such information about that card as is determined by the Secretary;

8

registration status

(a) the date of effect of your registration;

(b) if your registration has been suspended or cancelled—that fact;

(c) if the Secretary determines that your proof of identity is full—the word “full”;

(d) if the Secretary determines that your proof of identity is interim—the word “interim”;

9

access card (except DVA information)

if you own an access card—the following information:

(a) your access card number;

(b) the date your access card was issued;

(c) the expiry date of your access card;

(d) if there is a personal identification number for your access card—that number, protected by encryption or other technological protection measure;

(e) if there is other information (for example, a password) for authenticating your identity—that information , protected by encryption or other technological protection measure;

(f) if your photograph is on the surface of your access card—that photograph and a numerical template of you derived from that photograph;

(g) if your digitised signature is on the surface of your access card—that signature;

(h) if your access card has expired, or is deactivated, suspended or cancelled—that fact;

(i) if you hold a * benefit card (other than a * DVA Gold Card), the Secretary determined that a colour is associated with that card and you request the Secretary to have that colour for your access card—that colour;

(j) if your date of birth is on the surface of your access card—that fact;

(k) if the word “Blind” is on the surface of your access card—that fact;

10

access card (DVA information)

if you own an access card and you are a * DVA individual—the following information:

(a) if the acronym “TPI” is on the surface of your access card—that fact;

(b) if the word “Blind” is on the surface of your access card—that fact;

(c) if the acronym “POW” is on the surface of your access card—that fact;

(d) if the acronym “EDA” is on the surface of your access card—that fact;

(e) if the phrase “war widow” or “war widower” is on the surface of your access card—that fact;

(f) if the phrase “DVA dependant” is on the surface of your access card—that fact;

(g) if the phrase “DVA White Card holder” is on the surface of your access card—that fact;

(h) if you hold a * DVA Gold Card and you request the Secretary not to have gold as the colour of your access card—that request;

11

DVA information

(a) if a special rate of pension under section 24 of the Veterans’ Entitlements Act 1986 is payable to you because you are totally and permanently incapacitated—the acronym “TPI”;

(b) if a special rate of pension under subsection 24(3) of the Veterans’ Entitlements Act 1986 is payable to you because you are blinded in both eyes—the word “Blind”;

(c) if you are a * former prisoner of war—the acronym “POW”;

(d) if a pension at the rate specified by subsection 22(4) of the Veterans’ Entitlements Act 1986 is payable to you because you are entitled to extreme disablement adjustment—the acronym “EDA”;

(e) if you are a * war widow or * war widower—the phrase “war widow” or “war widower” (as the case requires);

(f) if you are a * DVA dependant—the phrase “DVA dependant”;

(g) if you hold a * DVA White Card—the phrase “DVA White Card holder”;

(h) if you are a * DVA individual, you are entitled to be known by a rank as a result of your military service and you request the Secretary to include that rank on the Register—that rank;

12

documents produced to prove identity

(a) if the Secretary determines that a copy of a * document you produced in relation to proving your identity is to be included on the * Register—that copy;

(b) if the Secretary determines that information about a document you produced in relation to proving your identity is to be included on the Register—that information;

13

statements required by legislation

if the Privacy Act 1988, the Freedom of Information Act 1982 or other Commonwealth law requires a statement to be included on the Register—that statement;

14

participating agency

if you have a relationship with any of the * participating agencies—a flag identifying that fact;

15

emergency payment number

if you have an emergency payment number—that number;

16

death

if you die—the date of the death;

17

other information

(a) such other technical or administrative information that:

(i) does not expressly identify you by name or other personal identifiers; and

(ii) is determined by the Secretary; and

(iii) is reasonably necessary for the administration of the * Register or your access card;

(b) such other information that is determined, by legislative instrument, by the Minister and that is for the purposes of this Act.

 

             (2)  A determination made by the Secretary under item 2, 3, 7, 8, 9, 12 or 17 of the table in subsection (1) is not a legislative instrument.

18   When the Secretary may not include information on the Register

             (1)  Despite subsection 17(1), the Secretary must not include particular information about you on the * Register if:

                     (a)  the Secretary considers it would be inappropriate to do so because of your inclusion in the National Witness Protection Program; or

                     (b)  to do so would be inconsistent with a Commonwealth law.

             (2)  Despite subsection 17(1), the Secretary must not include your preferred name or other name on the * Register if the Secretary is satisfied that use of that name is prohibited by a law of the Commonwealth, a State or a Territory.

             (3)  Despite subsection 17(1), the Secretary may refuse to include your preferred name or other name on the * Register if the Secretary is satisfied that the name is an * inappropriate name.

19   Temporary information on the Register

                   If you own an access card, the following * information may be temporarily included on the * Register until it is transferred to the Commonwealth’s area of the * chip in your card:

                     (a)  if you have a * medicare number—that number;

                     (b)  if you hold a * Reciprocal Health Care Card—the number of that card;

                     (c)  if the * DVA has allocated you a DVA file number—that number;

                     (d)  if you hold a * DVA White Card and you have a condition that has a code under the * International Classification of Diseases—that code.

20   Register not to contain any other information

                   The * Register must contain only the information specified in subsection 17(1) and section 19.