Key Issues raised in submissions on the Exposure Draft of the Human Services (Enhanced Service Delivery) Bill 2007
[The content below is at <http://www.accesscard.gov.au/key_issues.html>, from the Office of Access Card website. It is compiled here in 1 document rather than 19 for convenience.]
Over 120 submissions responding to the exposure draft of the Human Services (Enhanced Service Delivery) Bill 2007 were received by the Office of Access Card. Where the permission of the authors was received, these submissions have been published on the website.
Submissions pointed out that a longer consultation would have been preferred.  It should be recognised however, that prior to the release of the exposure draft the Government had engaged in six months of consultation on the access card proposal through the work of the Consumer and Privacy Taskforce.
The Taskforce received over 100 submissions and met with over 120 community and representative organisations in response to its initial discussion paper released on 16 June 2006. The submissions and consultations informed the Taskforce’s first Report to the Minister for Human Services released on 8 November 2006. 
Consistent with the commitment to an open and transparent process for the access card initiative, the Government has decided to refer the Bill to a Senate Inquiry to provide further opportunity for public consideration.
Following an examination of the submissions received on the exposure draft, information on the key issues raised has been prepared and is provided below.  Topics are presented in alphabetical order.  For each topic, the issues are broadly described and further information in response to the issue has been provided.  Further detail on the legislation may be found within the Explanatory Memorandum to the Bill.
Key issues Index
Concessions	2
Content on the Chip (Division 3, clauses 33 to 36)	3
Content on the Register (Part 2, Division 3 of the Bill)	4
Delegations and appeals	6
Dependants and Carers	7
Exemptions	7
Function creep	8
Governance and oversight	9
Information on the card surface	9
Lost or stolen cards	10
National ID Card	11
Offences (Part 4 of the Bill)	12
Privacy	13
Secretary’s Discretion	15
Suspensions and cancellations	16
Transition to the access card system	16
Voluntary Information	17
[Other] Issues raised in submissions / further information	18
Matters not covered by the Bill	18

Concessions
Many concession services are currently provided to holders of Australian Government concession cards.  These include concessions delivered on behalf of the Australian Government (eg Medicare Services delivered by general practitioners and Pharmaceutical Benefits Scheme concessions delivered at pharmacies), concessions delivered by states and territories (eg public transport concessions) and concessions delivered by third parties (eg discounted haircuts or cinema tickets for pensioners provided by private businesses).
Issues raised in submissions
Submissions commented that operational arrangements and technology would need to ensure that businesses requiring concession verification would be able to do so.
A number of individuals requested assurance that concession entitlement would not alter with the introduction of the access card.
Response / further information
There will be no change to eligibility for health and social services, including concession entitlements, when the new access card comes into operation in April 2008.
While the issues relating to the validation of concessions are still being explored, systems to validate concession entitlements will be simple and straightforward for the cardholder and the concession provider to use. 
The Bill provides that concession information will be on the Register and chip of the card.  It will not be an offence for a person to require a card owner to produce his or her card to verify that they are entitled to the relevant concession.
For concession groups whose entitlements do not tend to vary over time, such as veterans, aged pensioners and eligible self funded retirees, optional coloured cards will be available to provide an easy verification of concession status. 
Access to concessions for those concessional groups where there is a higher turnover will be via technology based solutions such as card readers (a range of options including low cost, hand held readers will be available) and Centrelink’s online concession validation system.
We are undertaking extensive consultation with the states and territories to determine the best approach to transport and other concessions.
Content on the Chip (Division 3, clauses 33 to 36)
As clause 33 of the Bill specifies, the access card will contain a microchip in the card to store and process information.  The chip will contain two separate areas:
    * the card owner’s area; and
    * the Commonwealth’s area.
It is proposed that the card owner will be able to include in their area of the chip any information that they choose to include. The Human Services (Enhanced Service Delivery) Bill 2007 does not deal with issues relating to the card owner’s area of the chip, which are currently the subject of consultation by the Consumer and Privacy Taskforce. 
Clause 34 sets out the information that will be included in the Commonwealth’s area of the chip. 
Issues raised in submissions
Submissions sought clarification as to what is in the Commonwealth’s area in the chip of the card and what is, or is not, PIN protected. 
Encryption and security of the chip needs to be made clear to ensure that sharing of information can be restricted to the functions of the card.
Response / further information
Commonwealth area: Clause 34 sets out the information that will be included in the Commonwealth’s area of the chip.  The legislation specifically states at clause 36 that no other information can be included on the Commonwealth’s area of the chip of the card.  The information to be collected on the Commonwealth’s area of the chip is necessary to implement the access card system and for the proper delivery of Commonwealth benefits only to those who are entitled to them.
PIN protection: The Bill allows for PIN protection at the option of the card owner. Details are subject to consultation and further development. 
Encryption and security of the chip:  While the final details of the chip design will depend on the responses of industry to the Requests for Tender, the Australian Government has clearly specified that information in the chip must be protected using advanced technology such as encryption, PIN protection and secure zones. It can only be accessed via authorised personnel, using authorised readers. The Access Card System must also comply with applicable international and Australian standards to optimise security.
An important element of the security framework is evaluation, testing and certification by the Defence Signals Directorate — Australia’s national authority for information security and signals intelligence.
Restrictions to the sharing of information: Only authorised people will be permitted to access your information and they will only have access to those fields of information that they need to deliver health and social services to you. Transactions involving the card will be securely logged, including access, authentication and the specific details of the transaction. All logs will be analysed constantly for anomalous behaviour.
Existing privacy protections in the Privacy Act 1988 will apply to prevent unauthorised access and use of information. Other protections in the Crimes Act 1914 and the Public Service Code of Conduct will also apply to penalise any unauthorised use or disclosure of information on the access card or Register.
While the offence provisions provide strong consumer protections, additional protection of information is expected in subsequent legislation.  On 7 February 2007 the Minister for Human Services announced that he has asked Professor Fels to undertake a Privacy Impact Assessment before issues around privacy are resolved in subsequent legislation. The Taskforce’s response will inform the further legislative protections.
Content on the Register (Part 2, Division 3 of the Bill)
A Register will be established under Division 3 of the Human Services (Enhanced Service Delivery) Bill 2007 that will be separate from the databases maintained by the various delivery agencies such as Centrelink, Medicare Australia and the Department of Veterans’ Affairs.
There will be no centralised database holding all of an individual’s information in one place. Existing agency records will remain with the relevant agency – where they are now.
Other than optional information which you can choose to put on the chip of your card, information that will be included in the Register is only that which is considered necessary for the Register to facilitate the effective implementation of the access card system and the delivery of Commonwealth benefits to those who are properly entitled to them. The information in the Register will be verified and will be able to be checked against cards that are presented by individuals when they claim benefits or seek services.
Issues raised in submissions
Submissions queried the importance or relevance of holding the following information on the Register:
    * Residential and postal addresses;
    * Storage of ‘flags’ that denote which agency a person deals with;
    * Place of birth;
    * Gender; and
    * Temporary information passing through the Register.
Other queries raised included:
    * Retention of information after the death of a person;
    * Storage of Proof of Identity (POI) documents including photographs after identity is established;
    * Why information was being held in a central register as opposed to holding the information with the agency delivering the services;
    * Whether the access card could include additional information on the Register such as Private Health Insurance details; and
    * Whether data fields could be compatible with GP records.
Response / further information
Address: Your residential and postal addresses are required on the Register as a mechanism for verifying your identity for the purpose of providing health benefits and veterans’ and social services and for the sending of correspondence.  For some individuals their address information will not appear on the Register (eg those on the Witness protection program).  In other circumstances existing protocols will be in place for those that have specific requirements around the release of their address information (such as those that have advised agencies of domestic violence concerns). A homeless person does not have an address so obviously no address will appear on the Register.
Flags: If you are a customer of a specific Human Services agency (eg Centrelink), or the Department of Veterans’ Affairs, this will be flagged on the Register. This will indicate that you have a relationship with that agency and will enable any changes of circumstances or address to be updated and forwarded to the relevant agencies only.
Place of birth: In response to submissions, the Government has decided that ‘place of birth’ will not be included on the Register.  Initially, it was included for the purpose of establishing ‘who you are’ and proving eligibility (if born overseas) for claiming a benefit under Reciprocal Health Care Agreements. 
However, it has been determined that entitlement to the majority of Commonwealth benefits requires Australian citizenship status and/or residency status to be established at the point of application.  It should therefore simplify the application process to collect ‘citizenship/residency’ for the Register instead of ‘place of birth’.
Gender is necessary because some services and benefits are gender-specific.  For example, the Age Pension eligibility age is different for females and males and some PBS medicines are prescribed exclusively for men or women.  For clarity, and in response to some specific submissions on the issue, the term ‘gender’ has been replaced with ‘sex’.
Temporary information: Temporary information will be held on the Register to enable updates of information held on the card chip to be kept securely until the card is docked.  Once the card is docked, the temporary information is transferred to the card’s chip, removing it from the Register. The legislation now makes clear that the information is transferred (and thus removed from the Register) when the card is (successfully) docked in an on-line reader.
Retention of information after the death of a person: Legislative record storage, archival and destruction practices in participating agencies will not change with the implementation of the access card.  The Archives Act 1983 determines the retention requirements for Commonwealth documents.  We are currently exploring how it will apply to the Human Services (Enhanced Services Delivery) Bill 2007 to determine the extent to which records must be kept in the Register after the death of a person.
Storage of POI documents: Consistent with the Australian Government response to Recommendation 20 in Report 1 of the Consumer and Privacy Taskforce, we are exploring relevant legislation (including the Archives Act 1983) and business process with a view to establishing processes so that POI documents or copies of them are not kept once they are no longer required for verification or fraud purposes. 
Centralised versus decentralised information storage: The Register is designed to sit as a secure gateway between the card and the specific agency databases.  Having a centralised register with only the minimum necessary amount of customer registration data avoids the need to integrate the data of all participating agencies.  It avoids the problems associated with inconsistencies in the business rules of participating agency databases (for example, the way a customer name or address is formatted for data storage may vary substantially between databases).  In addition, a single database facilitates the process of “once only” registration and/or updating of customer records – enabling greater convenience for card owners.
The Register established as part of the access card system will not be amalgamated with the databases of existing participating agencies.  It will be established separately from participating agency databases and will not contain specific medical or health information.  It will not contain transactional records. 
Detailed customer records will continue to be held separately by Centrelink, Medicare Australia, the Department of Veterans’ Affairs and other participating agencies.  Existing agency records will remain with the relevant agency – where they are now.
Additional information on the Register: There is no proposal to include additional information on the Register.  The range of information collected for the Register is strictly limited under clause 17 of the Bill. 
Data fields compatible with GP records: Compatibility between information kept on the Register and GP records is not being explored as part of the access card system.  Data linking or data matching between the Register and GP records is not an objective of the access card system.  The scope of the access card system is limited to that announced by the Government and contained in the Human Services (Enhanced Service Delivery) Bill 2007
Delegations and appeals
While the legislation gives a range of powers and responsibilities to the Secretary of the Department of Human Services, clause 70 allows the Secretary to delegate his or her powers under the Bill to a Commonwealth officer in a participating agency or to the chief executive of an agency under the Financial Management and Accountability Act 1997 or a director or Chief Executive of a Commonwealth authority or company that is prescribed for the purposes of clause 70.
For practical purposes many of the powers in relation to the access card will in turn be delegated to the customer service officers in the relevant participating agencies (e.g. Medicare, Centrelink, Department of Veterans' Affairs) who will be acting on behalf of the Secretary in administering various aspects of the Bill (for example: conducting interviews, taking photographs and formally issuing cards).
Issues raised in submissions
A submission requested that any such delegations should not preclude appeals against registration decisions to persons of authority outside the participating agencies, to ensure external review.
Response / further information
The Government is committed to ensuring that there is an explicit legislative review mechanism in place that does not reduce the existing review rights for those in receipt of Commonwealth health and social services benefits and payments under existing arrangements.
Such arrangements will need to be compatible with existing appeals mechanisms operating across Centrelink, Medicare Australia and the Department of Veterans’ Affairs. These range from a Federal Court only appeal mechanism, to a three tier review system that starts in the Social Security Appeals Tribunal (SSAT), moves through to the Administrative Appeals Tribunal (AAT) and ends in the Federal Court.
The Minister for Human Services, Senator the Hon Ian Campbell has requested the Consumer and Privacy Taskforce undertake consultation to provide advice as to what appeals process should apply for the access card.  
Dependants and Carers
If you have children, their details will be included on your card’s chip.  Although issues relating to dependants and carers have not been dealt with in this Bill, clause 13 makes it clear that a person may apply for registration on behalf of another person.
Issues raised in submissions
A few submissions noted that where a person may be required to act as an agent for an individual who is unable to manage their own affairs, the Bill should clearly and expressly extend the requirement to provide accurate proof of identity to the agent or guardian of the individual. 
Other submissions suggested that the Bill refers to 'you' and thus does not provide sufficient clarity on the responsibility of an agent acting on your behalf. 
Response / further information
Arrangements for dependants and carers will be contained in subsequent legislation.  Arrangements for people acting as agents for individuals unable to manage their own affairs are currently being considered and will be outlined in subsequent legislation as necessary.
The Government confirmed via a press release on 24 January 2007 (add link to media release) that current services and entitlements for people under 18 will not change as a result of introducing an access card.
Exemptions
The Minister has the power under the Human Services (Enhanced Service Delivery) Bill 2007 to exempt certain groups of people from elements of the access card registration process detailed under the Bill (for example, people who are in prisons or other institutions, or who are terminally ill). 
Issues raised in submissions
A submission requested further information on who would be exempt under Ministerial exemptions.
Response / further information
The legislation provides that a person may seek an exemption from the Secretary of the Department of Human Services (on an individual case basis) or a Minister (for a class of persons). The exemption can include an exemption from having a photo taken, providing a signature or attending an interview.
The classes of persons that either the Minister or the Secretary would exempt from these matters have not yet been determined in full but will include people in hospices and the very frail.  This issue is being addressed in the community consultation on the legislation process being undertaken by the Consumer and Privacy Taskforce. 
Function creep
The legislation sets out the objects and purposes of the card in Division 4 of Part 1. Clause 6 highlights the Government's rationale for the access card, that is, to improve the delivery of Commonwealth benefits to the community and to reduce fraud on Australian taxpayers. 
Issues raised in submissions
Many submissions indicated concern that the range of information on the access card and Register and the purposes for which it is collected may expand over time.
It was also suggested in some submissions that the use of forms for the collection of such information should be subject to independent, and preferably Parliamentary oversight.
Response / further information
Function creep: The legislation sets out the objects and purposes of the card in Division 4 of Part 1. Clause 6 highlights the Government's rationale for the access card, that is, to improve the delivery of Commonwealth benefits to the community and to reduce fraud on the Australian taxpayer. 
As the access card is not a national identity card and is not intended to be used as a national identity card, subclause 6(2) expressly provides that it is an object of the Bill that access cards are not to be used as, and do not become, national identity cards.
Clause 7 spells out that the purposes of the Bill are to facilitate the provision of benefits, services, programs or facilities to some or all members of the public by the participating agencies including the Department of Human Services (including the Child Support Agency and CRS Australia), the Department of Veterans’ Affairs, Medicare Australia, Centrelink, Australian Hearing Services and Health Services Australia Limited.
Clause 41 specifies that Commonwealth officers in participating agencies are limited to using the access card to facilitate the provision of relevant benefits, services, programs and facilities.
Any change in purpose from that specified in clause 7 will require the Government of the day to propose an amendment to the legislation and have it debated in, and passed through, Parliament.
Together with clause 7, clause 41 is intended to constrain the use of the access card and to address concerns about function creep.
Oversight of forms and Parliamentary oversight: As a result of concerns raised in submissions on the exposure draft of the Bill, the Bill now requires that the Commonwealth Privacy Commissioner be consulted on the content of application forms and the Secretary must take into account the Commissioner’s comments.
When information is added to the Register or chip of the card by the Minister, it will be the subject of Parliamentary scrutiny which can be disallowed by Parliament.
Governance and oversight
The Human Services (Enhanced Service Delivery) Bill 2007 provides that the Register will be established and maintained by the Secretary of the Department of Human Services. 
The specific details of such things as oversight arrangements and appeals processes relating to the Register and the broader access card system are not detailed in the Bill.
Issues raised in submissions
There were a number of submissions that commented on the absence of governance and review mechanisms in the proposed legislation.
Response / further information
Governance and oversight of the access card system is not included in this Bill but will as necessary be addressed in subsequent legislation. 
The Consumer and Privacy Taskforce has been tasked by the Government to report and make recommendations on appropriate review mechanisms.
Information on the card surface
Only a minimal amount of information will be visible on the surface of the card.  The access card will contain less information on its surface than most drivers’ licences. 
Clause 30 of the Bill sets out the specific information items that will be visible on the surface of an access card.  Some data items like name and access card number must be included on the surface of the card.  Some other information items such as date of birth can be included on the surface of the card at the request of the card owner.
Issues raised in submissions
Some submissions queried the importance or relevance of holding the following information on the card surface as it may potentially increase identity theft:
    * title;
    * date of birth (as opposed to age related qualification); and
    * signature
A number of submissions welcomed the limited amount of information on the surface of the card in particular the option of displaying a preferred name and optional date of birth.  The option to use a flag for date of birth was raised in a number of submissions.
Some submissions suggested that date of birth be mandatory.
Many individuals stressed the importance of coloured cards, such as veterans’ gold cards, as they are highly valued by the card holder and offer immediate recognition of entitlement.
Response / further information
Title: Following submissions received it was decided that there was no need for a title to be included on the surface of the card. It was noted that no title is included on existing Medicare cards. However, a title was considered beneficial for correspondence with customers. Accordingly, the Bill no longer seeks title to be recorded on the access card.  Title will now only be recorded in a limited form (Mr., Mrs., Miss etc.) on the Register.
Date of Birth: Due to the mixed response on date of birth and the complexities in providing an age bracket (or flag) that meets all existing concession requirements, it was decided that a person’s date of birth can be included on the surface and chip of the card if they choose. Customers are likely to choose to have this information on the surface of the card or in the chip if they wish to use it for proof of age to obtain goods, services or benefits.  Using date of birth is preferable to a flag on the surface of the card or in the chip to show age because date of birth is more flexible and can cover a range of age related concessions for goods, services or benefits.   Setting a flag at a certain age, for example 60, would not assist those wanting to access concessional benefits at 55.  That is, setting the flags would be complex to properly serve customers.
Signature: In responding to recommendation 15 in Report 1 of the Consumer and Privacy Taskforce, the Australian Government concluded that a digitised signature on the card provides greater utility and security for the cardholder.  For example, it will make it easier to cross check signatures on the 50 million forms that are completed each year at Centrelink, Medicare and other government agencies.
Information on the surface of the card: Clause 30 of the Bill sets out the specific information items that will be visible on the surface of an access card.  It is proposed that the card owner’s photograph and preferred name will be on the front surface of the card. The Secretary of the Department of Human Services will be authorised to refuse to include a person’s preferred name on the Register and access card if that name is inappropriate (for example, where a name is obscene or offensive).
Coloured cards: The Bill makes clear the Department of Veterans’ Affairs gold card holders will continue to get a gold coloured access card – unless they choose not to.  For other concessions groups whose entitlements do not tend to vary through time, such as aged pensioners and eligible self funded retirees, optional coloured cards will be available. 
Lost or stolen cards
Clause 25 specifies the time at which the card is to be taken to be issued. Effectively, the card is issued once it is sent to you or when you collect the card. It is at this time that you take ownership of the card.
If your access card is lost or stolen, a new access card will be issued with a new access card number.
Issues raised in submissions
Some submissions expressed concern that the card is taken to be issued when it is sent out from the manufacturer, rather than when there is some proof of receipt.  The submission raised a concern that cards may be intercepted in the post, stolen or delivered in error. 
Response / further information
Arrangements for lost or stolen cards are currently being considered and will be outlined in subsequent legislation as necessary.
With respect to the delivery of access cards once the person has been registered, it is proposed that if a person chooses to protect information on the chip of the card with a PIN that they can have the card posted to them through the mail. However, where a person chooses not to have a PIN they can pick up their access card at an issuing agency or have the card sent to them by registered mail.
National ID Card
As the access card is not a national identity card and is not intended to be used as a national identity card, subclause 6(2) of the Human Services (Enhanced Service Delivery) Bill 2007 expressly and clearly states that it is an object of the Bill that access cards are not to be used as, and do not become, national identity cards.
Issues raised in submissions
The submissions varied considerably in relation to the legislative clauses on the access card which prohibit it from becoming a national identity card.
Some submissions suggested that the legislation was too restrictive and that the access card was not sufficiently flexible for use as an identity tool if the consumer chooses. Many individuals noted their preference to use the access card as an identity tool in the absence of a driver’s licence or passport.
Other submissions raised concerns that the access card would become a national identity card and required strengthening of legislative provisions. The access card legislation was in one submission compared with the UK Identity Card Bill.
Response / further information
When the Prime Minister announced the access card, he specifically ruled out the introduction of a compulsory national identity card.
The access card is a service delivery card, owned by the customer who controls the card and the purpose for which it is used.
The legislation establishes that the access card:
    * Will not be a national identity card;
    * Will not be compulsory for every Australian;
    * Will not contain a person’s health record;
    * Will not record an individual’s financial details;
    * Will not be required to be carried at all times;
    * Will not be required to transact normal everyday business;
    * Will not be required to be shown to anyone other than for the provision of health and social service benefits provided by the Australian Government and to confirm concession status.
Australia’s access card is vastly different from the United Kingdom’s identity card.
    * The UK identity card includes up to 13 biometrics (ten fingerprints, a biometric photo and two iris scans).  The access card contains only one - a photograph. The UK card is specifically intended to provide proof of identity for national security, immigration control and all public services.
    * Unlike the UK identity card, the access card is only to be used for health and social security purposes/concessions and cannot otherwise be required for identity purposes.
The exposure draft of the Bill provided that the Minister for Human Services had a discretion to issue identity guidelines.  It is now clarified that the Minister must issue Identity Guidelines to guide the making of decisions about whether someone has sufficiently proved their identity for the purpose of receiving health or social services entitlements. 
Offences (Part 4 of the Bill)
A major objective in the Government’s policy in relation to the access card is that access cards are not to be used as national identity cards. 
Part 4 of the legislation sets out the offences relating to the access card, including inappropriately requiring that the access card be produced as well as other offences such as those relating to damaging, defacing or selling the access card.
Issues raised in submissions
Submissions on the exposure draft considered the issue of offences in four broad categories:
    * There was strong support in the submissions for the reliance on the principles of the Criminal Code and Public Service Act 1999 as proposed in the exposure draft of the Bill.
    * The exposure draft of the Bill provided that the access card number should not be recorded or copied. Some businesses, however, expressed concern that this protection created some practical difficulties. Others suggested that the protections did not go far enough and should be extended to the copying of photographs and signatures. Some submissions asked that the legislation clarify that an offence is not committed when recording information from the card with the card owner’s permission. Further information was requested on what would be the appropriate form of consent.
    * It was also suggested that the definition of ‘authorised persons’ required further clarification. Some submissions expressed concern that the category of Commonwealth officers that could be authorised was too broad.
    * Some submissions argued that there should be a regulatory mechanism to ensure that offences are reviewed and prosecuted.
Response / further information
Use of criminal offences: Protections in the Crimes Act 1914 and the Public Service Code of Conduct continue to prevent the unauthorised access and use of information.
Recording or copying information: In response to submissions, the prohibition on copying or recording the access card number will be extended in the Human Services (Enhanced Service Delivery) Bill 2007 to the recording or copying of photographs and signatures. It was also decided that people should be able to provide specific and informed consent in writingto information being recorded if they thought that it would increase their ability to use the access card for purposes of their choosing.
Authorised persons: The term ‘authorised persons’ is intended to refer to Commonwealth officers and some limited category of persons (such as medical practitioners or pharmacists) that have a close connection to the delivery of Commonwealth services or programs.  Participating agencies are defined in the legislation as the Department of Human Services, the Department of Veterans’ Affairs, Medicare Australia, Centrelink, Australian Hearing Services and Health Services Australia Limited.  In response to concern articulated in some submissions that the category of Commonwealth officers that could be authorised was too broad, the Human Services (Enhanced Service Delivery) Bill 2007 now provides that Commonwealth officers from non-participating agencies must be in an agency listed in regulations.
We are also further exploring with the health sector their issues in relation to the definition of authorised persons.
Review mechanisms: Specific administrative review mechanisms are not included in this Bill.  However, the Government has made clear that existing administrative appeal rights will not be diminished. Further review mechanisms related to the access card will be the subject of advice from the Consumer and Privacy Taskforce and addressed in subsequent legislation.  The existing criminal justice process will be relied upon to investigate and prosecute criminal cases.  In addition, participating agencies such as Centrelink have their own internal audit and security staff who investigate information related crimes.
Privacy
Current laws such as the Privacy Act 1988 protect the way your personal information is handled by the Government. If these laws are breached, sanctions including criminal penalties may apply. These laws will apply to the access card.
The Privacy Act 1988 ensures:
    * you know why your personal information is being collected, if the information is authorised or required under any law and who it will usually be given to;
    * you have a legally enforceable right to get access to your records;
    * you are able to apply to have inaccurate information about you amended; and
    * information about you can only be used for the purpose it is collected except for particular reasons, such as threats to life or health.
Issues raised in submissions
Some submissions stressed the importance of adherence to the Privacy Act 1988 and the protections contained in the Act, particularly in relation to the use of a new card number or a unique customer identifier.
There was some concern that the legislative framework relied too heavily on the use of a unique number to link participating agencies, increasing the potential for data-matching and affecting privacy.
Some submissions also stated that the legislation does not extend sufficiently to protect against third party use of private information.
It was suggested that privacy and security features associated with the card and its systems need to be strengthened to protect centralised data holdings and that access to that system is limited only to a small number of personnel and that access be logged. 
Response / further information
Privacy protections: Existing privacy protections in the Privacy Act 1988 will apply in regard to the access card and the Register. Other protections in the Crimes Act 1914 and the Public Service Code of Conduct will also apply to prevent unauthorised access and use of information.
While the offence provisions provide strong consumer protections, additional protection of information will be specified in subsequent legislation.  On
7 February the Minister for Human Services announced that he has asked Professor Fels to undertake a Privacy Impact Assessment before issues around privacy are resolved in subsequent legislation.
The use of a unique number: The access card number is not a unique identifier. The access card number will change every time a card is reissued.  It is a number for the card and not a number for the card owner.
As mentioned above, the Bill provides that access card numbers, photographs and signatures are protected from copying and recording.
Protecting against unauthorised access by third parties: Current laws, such as the Privacy Act 1988, protect the way your personal information is handled by the Government and third parties.  If these laws are breached, sanctions including criminal penalties may apply. These laws will apply to the access card.
Legislation is not the only privacy protection built into the access card system.  Security and privacy are paramount to the access card. The Australian Government has made a significant commitment to ensuring that comprehensive security is engineered into every aspect of the program, from the initial conception through design, and the entire life of the program.
Transactions involving the card will be securely logged, including access, authentication and the specific details of the transaction. All logs will be monitored.
Further underlining the emphasis on security and privacy, the exposure draft legislation contains penalties for staff who inappropriately access information contained in the access card system.
This comprehensive approach to security and privacy ensures that the three dimensions — that of people, physical, and information security — are built into every part of the solution.      
An important element of the security framework is evaluation, testing and certification of the end-to-end access card system by the Defence Signals Directorate — Australia’s national authority for information security and signals intelligence.
Protecting centralised data holdings on the Register: Only authorised people will be permitted to access your information and they will only have access to those fields of information that they need to deliver health and social services to you. Transactions involving the card will be securely logged, including access, authentication and the specific details of the transaction. All logs will be analysed constantly for anomalous behaviour.  
Secretary’s Discretion
Under the Human Services (Enhanced Service Delivery) Bill 2007, the Secretary of the Department of Human Services has a range of discretionary powers, including the power to record additional information on the Register.
Issues raised in submissions
Submissions welcomed legislative constraints on function creep but were concerned that ‘other’ information to be collected (on the chip or Register) under Secretarial discretion is not explained sufficiently and is not open to public scrutiny or legislative control. 
To ensure increased public confidence, transparency and accountability, many submissions suggested that the Secretary’s discretionary powers were not sufficiently circumscribed through guidelines and called for greater Parliamentary oversight.
Response / further information
Discretion of the Secretary to collect additional information: Submissions have brought about clarification of the powers of the Secretary of the Department of Human Services to add information to the Register.  Under item 17(a) of clause 17 of the Human Services (Enhanced Service Delivery) Bill 2007 the Secretary will only be able to add technical or administrative information to the Register (for example, audit logs or the serial number of the chip).  The Secretary is not permitted to include any personal information that could identify a person by name or other personal identifier on the Register.
Additionally, even the technical or administrative information that may be included under this item must be reasonably necessary for the administration of the Register or an access card.
The Secretary of the Department of Human Services does not have the power to add personal information to the Register—only a Minister could do that by legislative instrument. When information is added to the Register or the card’s chip by the Minister, it will be the subject of Parliamentary scrutiny and has the potential to be disallowed by Parliament.
Parliamentary oversight of Secretary’s powers: The Bill will now require that the Commonwealth Privacy Commissioner be consulted on the application forms and the Secretary must take into account the Commissioner’s comments.
The Exposure Draft of the Bill provided that the Minister for Human Services had a discretion to issues identity guidelines. It is now clarified that the Minister is required to issue Identity Guidelines to guide the making of decisions about whether someone had sufficiently proved their identity for the purpose of receiving health or social services entitlements.
Suspensions and cancellations
In some cases it may be necessary to suspend or cancel a person’s registration for the access card (for example, where it has been determined that they have committed an offence under the Bill relating to falsifying their information).
Issues raised in submissions
A submission suggested that the legislation should differentiate between cancellation of a card and termination of a registration. For example, the termination of registration would mandate the termination of the card, but not the reverse.
Response / further information
Situations where an access card may be suspended or cancelled are under consideration and are not included in the Human Services (Enhanced Service Delivery) Bill 2007.  They will be included in subsequent legislation.
Suspensions and cancellations
In some cases it may be necessary to suspend or cancel a person’s registration for the access card (for example, where it has been determined that they have committed an offence under the Bill relating to falsifying their information).
Issues raised in submissions
A submission suggested that the legislation should differentiate between cancellation of a card and termination of a registration. For example, the termination of registration would mandate the termination of the card, but not the reverse.
Response / further information
Situations where an access card may be suspended or cancelled are under consideration and are not included in the Human Services (Enhanced Service Delivery) Bill 2007.  They will be included in subsequent legislation.
Transition to the access card system
Registrations for the access card will commence in April 2008.  From 2010, you will need to present your card when dealing with an agency or provider of these services.
Issues raised in submissions
A submission commented that the Bill covers some transitional arrangements, but is open ended and provides no timetable for removal.  That submission suggested that there was inadequate coverage in the Bill about the interaction of the existing entitlements system and the access card for the period between April 2008 and 2010.
Response / further information
The interaction of the access card and existing cards between 2008 and 2010 is not covered by the Bill and depends in part on the results of current tender processes.
Once these matters are finalised, any legislative amendments will be introduced in the subsequent access card legislation.
Voluntary Information
Clause 33 of the Bill establishes that the access card will contain a microchip in the card to store and process information and that the chip will contain 2 separate areas: the card owner’s area; and the Commonwealth’s area.
It is proposed that the card owner will be able to include in their area of the chip area any information that they choose to include (subject to the physical capacity of the chip and any legal restraints). It is expected that card owners will be able to customise their card to include additional information such as organ donor status or emergency contact details.
Issues raised in submissions
A few submissions commented that the Bill does not include the clear right of the card holder to include voluntary or emergency information and allow for the access of that information by required professionals.
Submissions supported the introduction of the card to improve service delivery notably in disaster and emergency situations.  Other submissions queried the creation of a separate emergency payment number and suggested that the Medicare or access card number should become the emergency payment number.
Response / further information
Voluntary information: Voluntary inclusion of information, such as health alerts and emergency contact information is the subject of consultation with the Consumer and Privacy Taskforce, the health services sector, consumer health and privacy organisations.  A Discussion Paper to be issued early in 2007 by the Consumer and Privacy Taskforce will enable input and recommendations to be put to Government.
Emergency payments: It is one of the purposes of the access card to provide quicker and easier access to one-off disaster relief and emergency funds, resulting in faster access to payments. 
Item 15 of clause 17 provides for the inclusion of an emergency payment number on the Register. The purpose of the number is to provide the Australian Government with a means of quickly providing emergency payments to individuals in the event of a disaster. The emergency payment number does not include an individual’s personal banking details.
The emergency payment number will be the key that will allow individuals to access money provided by the Australian Government for emergency relief. The emergency payment number will enable individuals to access payments from an Australian Government account in appropriate circumstances. It will operate in a similar way to a debit card – except that the account to be debited will be a Government account set up specifically to provide emergency payments to affected individuals.
The emergency payment number cannot be identical to the access card number or the Medicare number as it must conform to international protocols as defined in ISO standards.
[Other] Issues raised in submissions / further information
Disability features
A submission requested that consideration be given to the access card being distinct in size, shape, tactile and visual appearance to enable people who are blind or vision impaired to distinguish it from other cards.
Recommendation 9 of Report 1 of the Consumer and Privacy was that a feature be built into the access card itself to render it as disability-friendly as possible and that all access cards be produced in this way. The Australian Government supported this recommendation and is studying the submissions made to the Taskforce and examining features of cards overseas to determine what features will be useful to people with disabilities. 
Benefit card holders who are blind may also have “Blind” written on the surface of their access card to streamline their access to concessions.
Other provisions for visually impaired people are detailed in the Bill and Explanatory Memorandum.
In addition, the Department has undertaken to consult with groups representing vision impaired people during the design of the card, to ensure that the access cards are accessible.
The legislation provides that the design of the card is a matter for Ministerial determination.
Matters not covered by the Bill
Matters not dealt with in this Bill are described on page 63 of the Explanatory Memorandum.