About the discretionary MSIC
You can apply for a discretionary Maritime Security Identification Card (MSIC) in certain circumstances.
Discretionary cards look like a regular MSIC. They give you the same access to security-restricted areas (SRAs) but could have conditions, such as:
- shorter validity periods
- specific seaport
- drug and alcohol testing
- regular conduct reports from an employer.
Who can apply
You can apply for a discretionary MSIC if AusCheck has told you that you're not eligible for the MSIC card due to an adverse criminal record from a conviction for a Tier 2 or Tier 3 maritime security-relevant offence.
You may also apply for the reinstatement of a cancelled MSIC if an AusCheck background check determines that you're no longer eligible to hold the card.
Applying for a discretionary MSIC card won't affect:
- future applications for an MSIC
- any future discretionary reviews.
We consider each application on its own merits.
Cost
It's free to apply. You don't need to pay for a discretionary card.
When to apply
You must wait until AusCheck sends you a final letter to tell you that you're not eligible for the MSIC. You then have 28 days from the date of that letter to apply for a discretionary card.
How applications are assessed
The discretionary card process is different to the general MSIC process.
Under the Maritime Transport and Offshore Facilities Security Regulations 2003(Opens in a new tab/window), the Secretary of the Department of Home Affairs (or an authorised delegate) has the power:
- to approve the issue of an MSIC to someone who is otherwise not eligible for a card because of their criminal convictions
- in certain circumstances, to approve the reinstatement of a cancelled MSIC.
Unlike AusCheck’s background checking process, the Secretary will take into account individual circumstances and other factors when making a decision. These include:
- the nature of the offences you were convicted of
- the length of the term of imprisonment in your sentence and how much of it you served, including whether it was suspended
- your conduct and employment history since your offence
- anything else that's relevant that the Secretary knows about.
How to apply
Follow these steps to apply for a discretionary MSIC.
After you apply
The Secretary has 30 days to respond to your application. You'll get an email about the outcome from idsecurity@homeaffairs.gov.au.
The Secretary may:
- ask for more information
- make a decision.
If the Secretary asks for more information, they must make a final decision within 30 days of receiving the requested information.
If your application is approved, we'll tell you and your issuing body in writing. They may then decide to issue your card.
If your application is not approved, or if you have had conditions imposed on your card, we'll tell you in writing. We'll include:
- what the decision is and why
- how to ask for a review or appeal.
Once you have a discretionary card
There are important rules you must follow to manage your MISC. The decision document you receive will detail any extra conditions.
Contact
For more information about the discretionary card and process, email idsecurity@homeaffairs.gov.au.