About this privacy notice
This is the AusCheck privacy notice – background checks for the security of critical infrastructure (Naval shipbuilding precinct).
As authorised by the AusCheck Act 2007 (AusCheck Act) and AusCheck Regulations 2017, we are collecting your personal information to conduct an AusCheck background check.
The Privacy Act 1988 (Privacy Act) requires us to notify you of certain matters when we collect personal information about you. This document is your notification of those matters. The Department of Home Affairs (the department) privacy policy contains information about the department’s approach to complying with the Australian Privacy Principles (APPs) set out in the Privacy Act.
What is a critical infrastructure background check and why do I need one?
A critical infrastructure background check is an information gathering process undertaken by AusCheck to gather your criminal history and security information, so it can be disclosed to your responsible entity. The information that is collected by AusCheck will be shared with the department and disclosed to our background checking partners.
- The criminal history check will be provided to AusCheck by the Australian Criminal Intelligence Commission (ACIC).
- The security information will be provided to AusCheck by the Australian Security Intelligence Organisation (ASIO).
- Right to work in Australia information will be shared with AusCheck by other areas of the department.
The background check information that is collected by AusCheck will then be disclosed to and used by your responsible entity to decide on your suitability for unescorted access to the Osborne Naval Shipyard (ONS).
Collection of personal information
AusCheck has authority under the AusCheck Act and the AusCheck Regulations to collect, use and disclose your personal information for reasons such as, but is not limited to, the following:
- identification and authentication of identity
- conducting and advising on the outcome of a background check
- updating your information
- the performance of functions related to law enforcement or national security by the Commonwealth or a Commonwealth Authority.
Relevant legislation
The Security of Critical Infrastructure (Naval shipbuilding precinct) Rules (LIN 23/007) 2023 (the NS Rules), require that a background check is conducted before a person is granted unescorted access to ONS, and that you are found suitable to have unescorted access to ONS. If you require ongoing unescorted access to ONS, you must undergo an AusCheck background check every two years.
What is personal information?
The Privacy Act defines personal information as information or an opinion about an identified individual or an individual who is reasonably identifiable (whether the information or opinion is true or not and whether this is recorded in a material form or not).
Sensitive information is a subset of personal information defined under the Privacy Act and includes information or an opinion about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, health, genetic or biometric information.
What happens if my personal information is not collected?
AusCheck can only conduct a background check if the required personal information is provided.
If AusCheck does not collect your personal information, a background check cannot be conducted, and your responsible entity cannot grant you unescorted access to the ONS precinct.
What personal information is being collected about me?
For the purposes of the AusCheck Act, we may collect any of the following (including any of the following in digital form):
- identity information: your full name, all former full names, all other names, titles, pseudonyms and aliases which you are or were known by, or have used to identify yourself (variations, including variants in spelling, are taken to be different names, titles, pseudonyms or aliases), date and place of birth, gender, contact details, your current residential address, and all other previous residential addresses for the past 10 years.
- details of identification documents: category A, B, C, and D documents as defined in the AusCheck Regulations to enable electronic and in-person identity verification. An identification verification check is the process of ensuring that the ID supplied as in an application is actually you. It will be verified electronically and in-person with a verifier appointed by your responsible entity.
- If there are issues verifying these documents, your responsible entity may provide copies of these documents to AusCheck to assist with troubleshooting. These copies will be stored in accordance with Commonwealth government record keeping obligations as set out in the Archives Act 1983.
- a photograph: taken at the same time as your application showing your full face, and head and shoulders.
- work information: the name, telephone number and business address of your employer and operational need to be granted unescorted access to the precinct.
- if applicable, immigration information: your passport number, and the number and expiry date of any visa granted to you enabling you to travel to, enter, remain and/or work in Australia.
AusCheck may direct you or your responsible entity to provide further information if it is required to complete your background check. This direction may be given whilst the background check is being undertaken, or while your critical infrastructure background check is valid.
How will my personal information be used, disclosed and stored?
Your personal information will be used, disclosed and stored securely in accordance with the APPs in the Privacy Act and the AusCheck Act. Your personal information will not be disclosed to an overseas recipient without your consent, or unless permitted by law.
AusCheck will store your personal information in the AusCheck database, and only use and disclose your personal information for purposes permitted by law, including:
- verifying the identity of an individual - this includes a comparison of your personal information, including a photograph, against information of other applicants for the purpose of identity assessment by AusCheck. Steps are taken where possible to limit the ability to re-identify any comparison information
- determining whether a background check is required or permitted
- conducting and advising on the outcome of a background check
- updating information on an individual who has undertaken a background check
- providing updated advice on the outcome of a background check if the original background check advice was inaccurate or incomplete (this may involve further background checking)
- responding to a national security incident, and
- the performance of functions relating to law enforcement or national security by the Commonwealth or a Commonwealth authority, or a state or territory authority.
See below for further details about the disclosure of your personal information.
Who uses my personal information?
Within the department, AusCheck will use your personal information with the department’s tools, systems and processes. For example, the Digital ID System may be used to electronically verify your identification, or to check your citizenship status or legal right to work in Australia. The information collected may also be used to perform functions such as responding to security incidents and events, investigating suspected fraud, and managing queries to the department by you or your responsible entity.
AusCheck may contact you via the personal email provided.
Who will my personal information be disclosed to?
AusCheck will disclose your personal information to:
- ASIO: ASIO will assess your background and any past activities to determine whether there could be a threat to national security. ASIO will store your information and use it for national security purposes, including those purposes set out in the Australian Security Intelligence Organisation Act 1979.
- ACIC: The ACIC will check your criminal record in the databases of all Australian legal jurisdictions and supply a copy of your criminal record to AusCheck. The ACIC may also securely store and use your information to perform functions set out in the Australian Crime Commission Act 2002.
AusCheck will provide you with an opportunity to review your security-relevant offences before finalising the eligibility assessment and will contact you via the personal email address provided in your application. If you dispute the details of these offences, you are required to contact AusCheck in the first instance. AusCheck can provide details of your dispute to the ACIC, but you may need to contact the relevant police in the jurisdiction in which these offences occurred to directly query your criminal record.
What happens after my background is checked?
AusCheck will provide the outcome of the background check to you and your responsible entity. The responsible entity must assess your suitability to have access to the critical components of the critical infrastructure asset in accordance with the responsible entity’s Critical Infrastructure Risk Management Program (CIRMP).
If applicable, the outcome of your background check will contain:
- an ‘unfavourable’ criminal history as collected by the ACIC
- If you have a criminal record with CIRMP security-relevant offences, AusCheck will protect your privacy by categorising the offences against the criteria set out in the AusCheck Regulations.
- An individual has an ‘unfavourable criminal history’ if their criminal history discloses that they have a CIRMP security-relevant level 1 offence or conviction of a CIRMP security-relevant level 2 offence and sentenced to any term of imprisonment for the offence.
- an Adverse Security Assessment (ASA) or Qualified Security Assessment (QSA) as assessed by ASIO
- your right to work in Australia and class of visa held.
Where can I get more information?
Find out more about AusCheck.
Visit the Department of Home Affairs website to read the department’s privacy policy(Opens in a new tab/window). You can find the following information:
- How to access or seek correction of your personal information held by the department.
- How you can make a complaint if you believe that the department has handled your personal information in a way that breaches our obligations under the APPs, as well as how the department will deal with your complaint.
The Digital Transformation Authority website has more information about the Australian Government’s Digital ID System(Opens in a new tab/window), including the Digital ID System privacy policy(Opens in a new tab/window).
How to contact us
Alternatively, you can provide feedback by:
- using the department's online feedback form(Opens in a new tab/window)
- writing to
The Manager Global Feedback Unit
GPO Box 241
Melbourne VIC 3001
Australia