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AUSCHECK AMENDMENT REGULATIONS 2010 (NO. 2) (SLI NO 286 OF 2010)
EXPLANATORY STATEMENT
Select Legislative Instrument 2010 No. 286
Issued by the Authority of the Attorney-General
Subject - AusCheck Act 2007
AusCheck Amendment Regulations 2010 (No. 2)
Subsection 18(1) of the AusCheck Act 2007 (the Act) provides that the Governor‑General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Section 8 of the Act provides that the regulations may provide for the establishment of a scheme relating to the conduct and coordination of background checking of individuals. Section 9 defines the matters an AusCheck scheme may cover.
Two schemes have been established to deal with the background checking component of security identification cards - one under the Aviation Transport Security Act 2004 (the Aviation Act) and Aviation Transport Security Regulations 2005 (Aviation Regulations), and one under the Maritime Transport and Offshore Facilities Security Act 2003 (the Maritime Act) and Maritime Transport and Offshore Facilities Security Regulations 2003 (Maritime Regulations). The Department of Infrastructure and Transport (DIT), administers the Aviation and Maritime Acts.
The Maritime Regulations were amended in July 2010 and certain provisions in those amendments commenced on 1 December 2010. Further amendments were made to the Maritime Regulations which also commence on 1 December 2010. Amendments to the Aviation Regulations were also made and commence on 1 December 2010.
AusCheck, within the Attorney-General’s Department, coordinates background checks of individuals for the Aviation and Maritime schemes, maintains the AusCheck system (which includes a database), and provides a card verification service in relation to Aviation Security Identification Cards (ASICs) and Maritime Security Identification Cards (MSICs). The AusCheck Regulations 2007 (the Principal Regulations) set out the administrative processes that AusCheck uses to carry out these functions.
The Amendment Regulations amend the Principal Regulations and the changes are primarily consequential to the amendments made to the Aviation and Maritime Regulations by DIT.
The amendments to the Aviation and Maritime Regulations require background checks to be conducted by AusCheck in a wider range of circumstances. Previously, background checks for these schemes could only be conducted upon the receipt of an initial application by an issuing body (submitted on behalf of an individual and with the individual’s consent in accordance with paragraph 9(1)(b) and subsection 9(4) of the Act).
The Amendment Regulations allow the complete range of background checks now specified in the Aviation and Maritime Regulations to be completed by AusCheck and the results provided to the appropriate parties.
Consultation was undertaken by the Attorney-General’s Department with the Department of Infrastructure and Transport, the Department of Health and Ageing, the Department of Prime Minister and Cabinet, the Office of the Australian Information Commissioner (Office of the Privacy Commissioner), and the Department of Finance and Deregulation (Office of Best Practice Regulation).
A Privacy Impact Assessment was completed for the introduction of the Principal Regulations in 2007 and the Office of the Privacy Commissioner advised that a separate Assessment for Amendment Regulations was not required.
The Office of Best Practice Regulation advised that no regulatory impact statement was required.
DIT undertook wide industry consultation on the changes to the Aviation and Maritime Regulations.
Further background and information about the scope of the Amendment Regulations
The Aviation Act establishes a regulatory framework to safeguard against unlawful interference with aviation transport and facilities. To achieve this purpose, the Act establishes minimum security requirements for the Australian aviation industry by imposing obligations on persons engaged in aviation activities. This framework includes the requirement for and regulation of ASICs.
Similarly, the Maritime Act establishes a regulatory framework to safeguard against unlawful interference with maritime transport and offshore facilities. To achieve this purpose, the Act establishes minimum security requirements for the Australian maritime industry by imposing obligations on persons engaged in maritime activities. This framework includes the requirement for and regulation of MSICs.
A third scheme has also been established to deal with national health security checks under the National Health Security Act 2007 (the NHS Act) and Security Sensitive Biological Agent Standards (SSBA Standards). The NHS Act and SSBA Standards are administered by the Department of Health and Ageing.
The SSBA Scheme provides for the mandatory background checking of unsupervised individuals handling or accessing sensitive information about biological agents of the highest security concern.
The Aviation and Maritime Regulations require background checks of individuals to be conducted by AusCheck in certain circumstances, including before an ASIC or MSIC can be issued. The SSBA Scheme provides for the background checking of individuals in certain circumstances, including before an individual can become an ‘authorised person’.
The key changes made by DIT to the Aviation and Maritime Regulations that required consequential amendments to the Principal Regulations are as follows:
Following the amendments to the Aviation and Maritime Regulations, ASIC and MSIC background checks are be able to be conducted by AusCheck in the following additional circumstances:
1. For a MSIC that is valid for 4 years, there is a new requirement in the Maritime Regulations that the holder must have a further background check completed at approximately the 2 years anniversary of the initial check. This circumstance is only relevant to the Maritime Regulations.
2. At the request of the issuing body, following an ASIC or MSIC holder reporting an Aviation Security Relevant Offence or Maritime Security Relevant Offence (a relevant offence) to the issuing body.
3. Following an ASIC or MSIC holder reporting a relevant offence directly to the Secretary of the Attorney-General’s Department (via AusCheck).
4. At the request of the Transport Secretary in certain circumstances set out in the Aviation and Maritime Regulations.
Regulation 12 of the Principal Regulations already provided that where the outcome of a background check discloses that an individual has unfavourable criminal history they have the right to apply to the Administrative Appeals Tribunal for review of the decision by AusCheck. This ability is not affected by the amendments and operates for all of the new circumstances in which a background check is required to be undertaken.
The Amendment Regulations also amend regulation 10 which allows advice to be provided to the Transport Secretary in certain circumstances. The amendment restores the coverage of the provision to apply where an individual has either applied for or already holds a card. A previous amendment (AusCheck Amendment Regulations 2010 (No. 1)) unintentionally limited its operation to the situation where an individual already held a card. The Amendment Regulations correct that error and along with new regulation 10AA also extend the operation of the provision to cover the range of background checks that will now be conducted by AusCheck.
It is not intended that the law in relation to National Health Security checks be changed. Amendments to the Principal Regulations affecting the National Health Security scheme are stylistic and minor mechanical/technical changes.
The Amendment Regulations is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Amendment Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.
Details of the Amendment Regulations are set out below.
Regulation 1 provides that the title of the Amendment Regulations would be the AusCheck Amendment Regulations 2010 (No. 2).
Regulation 2 provides that the commencement of the Amendment Regulations is the day after registration on the Federal Register of Legislative Instruments.
Regulation 3 provides for Schedule 1 to amend the AusCheck Regulations 2007.
Schedule 1– Amendments
Item 1 substitutes regulation 5 and inserts new regulations 5A and 5B.
The new regulation 5 sets out when AusCheck may undertake a background check of an individual. Subregulation 5(1) requires AusCheck to have received an application for a background check in accordance with subregulations 5(2), (3), (4) or the circumstances set out in paragraph 5(1)(b) or (c) before a background check can be undertaken. These circumstances are:
· Subregulation 5(2) – This allows an issuing body to apply for a background check about an individual who has applied for a security identification card or national health security check. This type of application and background check is hereafter described as an ‘Initial Check’. This essentially reinserts subregulation 5(1) of the Principal Regulations to provide issuing bodies with the ability to make an application for a background check in these circumstances. For Initial Checks consent is taken to have been given by the individual in accordance with the operation of section 9(4) of the AusCheck Act 2007 (the Act). This reinserted provision was amended for stylistic purposes only.
· Subregulation 5(3) – The effect of subregulation 5(3) is to deem the holder of a security identification card as applying for a background check, in the circumstances where they self report their conviction for a relevant offence to the Secretary of the Attorney-General’s Department (AGD) in accordance with the Aviation or Maritime Regulations, and have provided their consent for the background check to be completed. This type of application and background check is hereafter described as a ‘Self Report to AGD Check’. The requirement for holders to self report convictions for relevant offences is contained in the Aviation and Maritime Regulations. The ability to provide for a background check of this nature was required as a consequence of the amendments made to the Aviation and Maritime Regulations by DIT. Before this background check can be conducted by AusCheck the holder must provide certain information (as specified in the Aviation or Maritime Regulations) and their consent to the background check. If the requirements of subregulation 5(3) are satisfied, the holder would be deemed to have made an application to AusCheck.
· Subregulation 5(4) – This allows an issuing body to apply for a further national health security check on an individual who has already undergone a national health security check in certain circumstances. This type of application and background check is hereafter described as an ‘Additional NHS Check’. These checks were previously provided for in subregulation 5(3) the Principal Regulations and this provision merely reinserts the ability to make an application to AusCheck in these circumstances and is amended for stylistic purposes only.
· Subparagraphs 5(1)(b)(i) and (c)(ii) – These provide the ability for an issuing body to make an application for a background check where an ASIC or MSIC holder has self reported to the issuing body their conviction for a relevant offence (see 6.41A of the Aviation Regulations or 6.08LBA of the Maritime Regulations). This type of application and background check is hereafter described as an ‘IB Initiated Check’. The ability for AusCheck to receive an application and conduct a background check in these circumstances is required as a consequence of the amendments made to the Aviation and Maritime Regulations by DIT. The requirement for issuing bodies to apply for a background check in these circumstances is prescribed in the Aviation and Maritime Regulations. These provisions allow AusCheck to undertake a further background check of an ASIC or MSIC holder where an issuing body has applied in accordance with the requirements in the Aviation and Maritime Regulations and the holder has consented as required by paragraph 9(1)(b) of the Act.
· Subparagraphs 5(1)(b)(ii) and (c)(i) – These allow the Transport Secretary to make an application for a background check on an ASIC or MSIC card holder in accordance with subregulation 6.27AA(3) of the Aviation Regulations or subregulation 6.08LC(1) of the Maritime Regulations. This type of application and background check is hereafter described as a ‘Transport Initiated Check’. The ability for AusCheck to receive an application and conduct a background check in these circumstances is required as a consequence of the amendments made to the Aviation and Maritime Regulations by DIT. For a background check of this nature to be requested the Transport Secretary must have complied with the requirements that are specified in the Aviation and Maritime Regulations. The Transport Secretary must also obtain the ASIC or MSIC holder’s consent before an application of this nature would be processed by AusCheck, as consent is required by paragraph 9(1)(b) of the Act when an application is made by a person other than the individual.
· Subparagraph 5(1)(b)(iii) – This allows an application for a further background check to be made by an issuing body in the circumstances outlined in 6.08LD of the Maritime Regulations. This type of application and background check is hereafter described as a ‘4 Year Further Check’. This essentially requires an issuing body to apply for a further background check of the MSIC holder to be conducted between 22 and 24 months into the issue of a 4 year MSIC (approximately at the 2 year anniversary of the Initial Check). The ability for AusCheck to receive an application and conduct a background check in these circumstances is required as a consequence of the amendments made to the Maritime Regulations by DIT. This check will always follow an Initial Check and consent for the purposes of this check would be given at the time the individual applies for the issue of the 4 year MSIC.
New regulation 5A specifies how applications for a background check must be made to AusCheck. It provides that Initial Checks and 4 Year Further Checks must be made electronically using the AusCheck System. The AusCheck System is an IT facility, made available by the Secretary in accordance with Regulation 13, which enables certain applications for background checks to be made electronically to AusCheck. This provision picks up the previous subregulation 5(2) and extends its operation to the 4 Year Further Check. The previous provision already required the Initial Check to be made using this facility. Subregulation 5A(2) provides that all other applications must be made in writing.
New regulation 5B provides that an Additional NHS Check conducted under subregulation 5(4) does not extend the validity period of an existing national health security check conducted under subregulation 5(2). This merely reinserts the previous subregulation 5(4) back in as the new regulation 5B. The substance of this provision has not changed and the regulation has been amended for stylistic and clarification purposes only.
Item 2 amends subregulation 6(1) so that an application for an Initial Check (under subregulation 5(2)) or 4 Year Further Check (under subparagraph 5(1)(b)(iii)) must contain certain specified information. This information includes details such as the individual’s name, date of birth, gender, place of birth, address history, and employer’s details.
This amendment does not alter the existing requirements for an application in relation to an Initial Check. It requires the same level of information to be provided by an issuing body when submitting an application for a 4 Year Further Check. As 2 years will have passed since the Initial Check was conducted on an individual (who had been issued a 4 year card), it is necessary that AusCheck receive updated information to ensure that accurate information is provided to its checking partners.
Item 3 substitutes subregulation 6(1A) of the Principal Regulations and inserts new subregulations 6(1B) and (1C). The insertion of new subregulations 6(1A) and (1B) specifies the information that must be included in an application for a background check that is either a Transport Initiated Check or an IB Initiated Check.
The Transport Secretary when making an application for a Transport Initiated Check is required to provide information such as the holder’s name, date of birth, and address. The Transport Secretary is required to provide fewer details of the holder to reflect the more limited information that would normally be held by DIT. This level of information is required in order to ensure that the background check is conducted on the right individual. The Transport Secretary must also obtain the holder’s consent before an application would be processed by AusCheck as consent is required by paragraph 9(1)(b) of the Act when an application is made by a person other than the individual.
When making an application for an IB Initiated Check the issuing body is required to provide the information specified in 6.41(1) of the Aviation Regulations or 6.08LB(2) of the Maritime Regulations. This includes information such as the holder’s name, date of birth, address, and court and date of conviction. The issuing body must also obtain the holder’s consent before an application will be processed by AusCheck as consent is required by paragraph 9(1)(b) of the Act when an application is made by a person other than the individual (except where an issuing body makes an application for an Initial Check, see subsection 9(4) of the Act).
Previous subregulation 6(1A) which dealt with Additional NHS Check’s is replicated in new subregulation 6(1C). This subregulation is amended for stylistic and cross reference purposes only.
Item 4 amends paragraph 8(3)(a) so that notice to an individual of a preliminary assessment that is unfavourable would provide 14 days for the individual to make representations for certain background checks. Where a preliminary assessment of an individual’s background check suggests that the final outcome of the check will include unfavourable criminal history advice, the Secretary is required by this regulation to give written notice to the individual. The notice must inform the individual of the substance of the unfavourable advice and give the individual the opportunity to make representations to the Secretary about why an unfavourable decision should not be made.
This item limits the period in which an individual can make representations to a potential adverse or qualified finding to 14 days for each of the following checks:
· IB Initiated Check - subparagraph 5(1)(b)(i) and subparagraph 5(1)(c)(ii)
· Transport Initiated Check - subparagraph 5(1)(b)(ii) and subparagraph 5(1)(c)(i)
· 4 Year Further Check – subparagraph 5(1)(b)(iii)
· Self Report to AGD Check - subregulation 5(3), and
· Additional NHS Check - subregulation 5(4).
This is less than the 28-day period for responding to a potential adverse or qualified finding on an Initial Check, because in the case of one of the checks listed above, the person would already have been issued an ASIC or MSIC or would already be authorised to access the secure facility at the time of the initial NHS check. AusCheck’s experience is that the vast majority of those who make representations on a potential finding do so within 14 days. If necessary, the individual can ask the Secretary to grant an extension of this time.
This period does not change for the Additional NHS Check which was previously 14 days and contained in paragraph 8(3)(a) of the Principal Regulations.
The period of notice for all other checks remains at 28 days.
Item 5 amends subregulation 9(1) so that if an issuing body makes an application for a background check that is either an Initial Check, a 4 Year Further Check, or an Additional NHS Check, then the issuing body continues to receive all the information prevously specified in subregulation 9(1). The advice can include:
This reflects the previous subregulation 9(1) and extends the coverage to the new 4 Year Further Check under the Maritime Regulations.
Item 6 inserts new subregulations 9(1A), (1B), (1C), and (1D) which deals with who receives advice following a background check under the remaining checks being introduced into the Principal Regulations (i.e. Transport Initiated Check, IB Initiated Check and Self Report to AGD Check).
Where a Transport Initiated Check is conducted, the new subregulation 9(1A) requires AusCheck to provide the Transport Secretary with information about whether or not the holder’s criminal history discloses an adverse criminal record, a qualified criminal record, or any convictions for disqualifying offences.
If the background check discloses the holder has an adverse criminal record or has been convicted of a disqualifying offence then this advice as to the outcome of the background check is also be provided to the ASIC or MSIC holder’s issuing body. Additionally if the background check discloses that an ASIC holder has a qualified criminal record, and the expiry date of the card is more than 12 months after the original background check which formed the basis of the issue of the card, then this advice would also be provided to the relevant issuing body. This reflects DIT policy, as providing this information to the issuing body is necessary to enable the issuing body to fulfil its responsibilities to cancel an ASIC or MSIC in particular circumstances. For an ASIC, where there is a qualified criminal record and the card expires 12 months or less after the original background check, the issuing body is not be informed.
Where an IB Initiated Check is conducted, the new subregulation 9(1B) requires the Secretary to provide the issuing body with information about whether or not the holder’s criminal history discloses an adverse criminal record, qualified criminal record, or any convictions for disqualifying offences. Providing this information to the issuing body is necessary as the issuing body issues the relevant ASIC or MSIC, and has the power to cancel a card in the circumstances that would make the individual ineligible to hold an ASIC or MSIC.
Where an ASIC or MSIC holder Self Reports to AGD, the new subregulation 9(1C) requires the Secretary to provide the holder (who reported a relevant offence to AusCheck) with information about whether the holder’s criminal history discloses an adverse criminal record, qualified criminal record, or any convictions for disqualifying offences.
If the background check discloses that the holder has an adverse criminal record or has been convicted of a disqualifying offence then this advice as to the outcome of the background check would also be provided to the ASIC or MSIC holder’s issuing body. Additionally if the background check discloses that an ASIC holder has a qualified criminal record, and the expiry date of the card is more than 12 months after the original background check which formed the basis of the issue of the card, then this advice would also be provided to the relevant issuing body. This reflects DIT policy, as providing this information to the issuing body is necessary to enable the issuing body to fulfil its responsibilities to cancel an ASIC or MSIC in particular circumstances. For an ASIC, where there is a qualified criminal record and the card expires 12 months or less after the original background check, the issuing body is not be informed.
New subregulation 9(1D) specifies the circumstances in which information is also provided to an issuing body under subregulations 9(1A) and (1C). These circumstances are, if the background check discloses that the holder has an adverse criminal record, has been convicted of a disqualifying offence, or has a qualified criminal record in a narrow set of circumstances.
Item 7 makes a consequential amendment to subregulation 9(2) so that an individual’s relevant criminal offences can be included with the advice provided under subregulation (1), (1A), (1B) or (1C) when the individual has a qualified criminal record. This is necessary as under the Aviation and Maritime Regulations an issuing body has discretion as to whether it issues a card to a person with a qualified criminal record.
‘Qualified criminal record’ is defined by reference regulation 6.01 of the Aviation Regulations. There is no equivalent in the MSIC scheme. An individual has a qualified criminal record if they have been convicted at least twice of an aviation security relevant offence and did not receive a sentence of imprisonment for any of those convictions, and did not receive any of those convictions within the 12 months ending on the date the relevant background check was conducted.
Under this amendment where a background check on an individual returns a qualified criminal history, the advice to the issuing body, Transport Secretary or individual is accompanied by an extract of the relevant offences from the individual’s criminal history. The issuing body will need this information in order to determine whether or not it will issue a conditional ASIC.
AusCheck does not otherwise provide issuing bodies with criminal history information and only provides it to the Transport Secretary in the circumstances above or the limited circumstance specified in regulation 10.
Item 8 amends subregulation 9(3) to refer to the subregulations under which advice can be given to a variety of parties. Previously advice was only provided under one subregulation and it was therefore not necessary to refer to that subregulation. This amendment is consequential and machinery in nature.
Item 9 amends paragraph 9(3)(b) to differentiate between issuing bodies that are part of the Aviation and Maritime Schemes and those under the NHS Scheme. This split allows advice provided under subregulation (1), (1A), (1B) or (1C) to be provided to a different issuing body under the Aviation or Maritime Regulations. This applies where an issuing body is considering whether to allow the individual to access a secure area that is subject to background checking requirements. This permits AusCheck to provide advice to an issuing body as to the outcome of a background check, where the issuing body is different to the issuing body who applied for the Initial Check. This is necessary where an individual has requested for their ASIC or MSIC to be reissued by a different issuing body (under the restrictions set out in the Aviation or Maritime Regulations). This amendment also ensures that advice as to the outcome of a background check conducted under the NHS Scheme is not be provided to an issuing body established under the Aviation or Maritime Regulations (or vice versa).
Item 10 substitutes the heading for regulation 10. This is necessary as the content of regulation 10 was split into new regulation 10 and new regulation 10AA.
Items 11 to 16 amends a number of provisions in regulation 10 and limits its operation to providing information about an individual’s criminal history information to the Transport Secretary in certain circumstances. Regulation 10 provides that the Secretary must disclose information about the outcome of a background check to the Transport Secretary in certain circumstances. This is intended to ensure that the Transport Secretary has information that is necessary to perform his or her functions under the Aviation or Maritime Regulations. The Transport Secretary may require criminal history information where he or she has been asked for approval to issue an ASIC or MSIC notwithstanding that a person has an adverse criminal record.
Specifically, item 11 amends paragraph 10(1)(a) so that regulation 10 applies to background checks that have been undertaken for an individual that holds or has applied for an security identification card (ie an ASIC or MSIC). This restored the coverage of the provision, which was unintentionally limited by the AusCheck Amendment Regulations 2010 (No. 1), to the situation where an individual already held a card.
Item 12 amends paragraph 10(1)(c) to specify the circumstances under which an application for an ASIC or MSIC can be made to the Transport Secretary. This is commonly referred to as a “discretionary card”. The ability to apply for one of these is set out in the Aviation and Maritime Regulations and administered by the Transport Secretary. The amendment creates clarity for the reader and limits the application of the regulation to the circumstances where there has been an application made to the Transport Secretary to issue a card or to set aside the cancellation of a card despite the fact the individual has been found to have an adverse criminal record.
Once the circumstances in subregulation 10(1) are satisfied the Secretary is then required to provide the information in subregulation 10(1A) to the Transport Secretary. This advice would be used the Transport Secretary for the purposes of determining whether to allow the issue or set aside the cancellation of a card.
Item 13 amends subregulation 10(1A) to clarify that the Secretary is only required to provide the information set out in subregulation 10(1A) if the document/information is in the possession of the Secretary.
Item 14 omits the word “and” from both paragraph 10(1A)(a) and 10(1A)(b). This amendment is consequential to the changes made by item 13 and also makes it clear that the Secretary can provide some of the specified documents in the event that the Secretary cannot provide all the documents.
Item 15 amends paragraph 10(1A)(c) as a consequence of the amendment in item 13 above.
Item 16 omits subregulations 10(2) and (3). Subregulation 10(2) are then reinserted in an amended form by item 17. This amendment is necessary as a consequence of the content of the previous regulation 10 being split between regulation 10 and 10AA. Subregulation 10(3) is removed from the Principal Regulations as new requirements for self reporting have been introduced by DIT via the Aviation and a Maritime Regulations. Furthermore, AusCheck’s background checking partner’s document destruction requirements mean that the Secretary may no longer hold the criminal history certificate upon which the original decision was based.
Item 17 inserts new regulation 10AA. The effect of this is to reinsert subregulation 10(2) in an amended form. Regulation 10AA applies when a background check has been undertaken for an individual who holds or has applied for a security identification card (i.e. an ASIC or MSIC). This expands the previous coverage of this provision which was unintentionally limited to individuals who already held a card when regulation 10 was last amended. This amendment in part corrects that oversight.
The reach of the reinserted subregulation is also extended to cover the range of background checks that are now conducted by AusCheck. The new regulation requires the Secretary to provide a copy of an individual’s security assessment to the Transport Secretary. This regulation only applies if an individual’s security assessment was adverse or qualified. Adverse and qualified security assessments are defined in the Principal Regulations to have the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 1979.
This advice about an individual’s security assessment would be provided to the Transport Secretary prior to that information being provided to the individual’s issuing body. The provision of qualified security assessments to the Transport Secretary is required in order to allow the Transport Secretary to fulfil functions related to determining whether an individual would constitute a threat to aviation or maritime security. This process is outlined in regulation 6.31 of the Aviation Regulations and regulation 6.08H of the Maritime Regulations. Accordingly, where a person is found to have a qualified security assessment a decision is required by the Transport Secretary (pursuant to regulation 6.31 Aviation Regulations and regulation 6.08H Maritime Regulations) before the AusCheck process can be finalised.
Item 18 amends paragraph 13(2)(b) as a consequence of the additional background checks introduced. The amendment means the notice required to be provided to an individual by an issuing body before an application for a background check is made, only needs to be provided at the time the person applies for an Initial Check. The notice covers how AusCheck will deal with an individual’s personal information when performing the Initial Check and cover, when a 4 year MSIC has been applied for, how AusCheck will deal with an individual’s personal information when performing the further check required at approximately the 2 year anniversary of the Initial Check.