Intergovernmental Agreement on Identity Matching Services

General

Commencement

7.135This Agreement will commence when at least one Schedule to this Agreement has been co-signed by the Commonwealth and the relevant state or territory.

7.136This Agreement will be effective between any parties that have signed a Schedule to this Agreement from the date of the parties’ signature.

7.137Upon signature of the relevant Schedule, a party agrees to both the content in this Agreement and the relevant Schedule to this Agreement, subject to any variations to this Agreement as outlined in the relevant Schedule.

7.138Upon signature of the relevant Schedule, parties agree to share identity information, subject to their jurisdictional legal framework, through the Identity Matching Services with all other parties that sign a Schedule to this Agreement, noting that each Data Holding Agency retains discretion over which Agencies it will share data with, to be exercised through the Participation Agreement.

Enforceability

7.139The Schedules to this Agreement form part of this Agreement once signed by the Commonwealth and relevant jurisdictions.

7.140The parties do not intend any of the provisions of this Agreement to be legally enforceable. However, that does not lessen the parties’ commitment to this Agreement.

7.141When signing this Agreement, states and territories may specify that a variation be made to an existing provision, or new a provision be added to this Agreement, that relates solely to that jurisdiction and/or the Commonwealth’s interaction with that jurisdiction. These will be contained in relevant Schedules to this Agreement.

Nothing to affect existing rights, obligations or agreements

7.142Nothing in this Agreement affects or limits a party’s existing rights, obligations, laws or other agreements, including in relation to privacy or information sharing.

7.143This Agreement operates in parallel with, and does not override, the Intergovernmental Agreement to a National Identity Security Strategy, agreed to by the Council of Australian Governments on 13 April 2007, except for clause 11.11 which specifies that this Agreement prevails where there is any inconsistency.

Dispute resolution

7.144Any party may give written notice to other parties of a dispute under this Agreement.

7.145Officials of relevant parties will attempt in good faith to resolve any dispute in the first instance.

7.146If a dispute is unable to be resolved by officials, it may be escalated to the relevant Ministers and if necessary, MCPEM.

Variation, withdrawal and termination

7.147The Schedules to the Agreement provide the means for jurisdictions to vary particular aspects of this Agreement.

7.148The Schedules to this Agreement may be amended at any time by agreement in writing between the relevant Commonwealth and the relevant state or territory ministers. Notification of any suggested changes will be provided to all other signatories to the Agreement.

7.149This Agreement may be amended at any time by agreement in writing by MCPEM, except for the Schedules to the Agreement which may be amended in accordance with clause 12.14.

7.150A party may withdraw from the Agreement at any time by notifying all other parties in writing and giving not less than three months’ notice.

7.151If a state or territory withdraws from this Agreement, the facial images and other identity information that its Agencies have contributed to the National Driver Licence Facial Recognition Solution, together with the associated biometric templates, will be removed as soon as practicable.

7.152A party may not withdraw from this Agreement if it has not met its financial commitments under Part 10 (Financial arrangements), unless that party’s withdrawal, and the terms of its withdrawal, is agreed to by all other parties.

7.153Upon a party’s withdrawal from this Agreement, that party will have no right to claim compensation or payment in respect of any assets, including intellectual property rights or monies which it has contributed under this Agreement. That party’s participating Agencies may also lose their ability to access the Identity Matching Services.

7.154If a party withdraws from this Agreement, this Agreement will remain in force in relation to the remaining parties.

7.155This Agreement may be terminated at any time by agreement in writing by all parties and under any terms and conditions as agreed by all parties.

Review

7.156In accordance with clause 4.25 above, the Coordination Group will review the definition and operation of the general law enforcement purpose one year after the commencement of the FIS and report the outcomes of the review to the MCPEM.

7.157In accordance with clause 10.12 above, the Coordination Group will conduct a review of financial arrangements for the Face Matching Services one year after all jurisdictions are participating in one or more of the Face Matching Services, or within two years of the commencement of this Agreement, whichever is sooner.

7.158The operation of the Identity Matching Services more broadly will be reviewed three years from the commencement of this Agreement to assess matters including but not limited to:

1. 
   effectiveness in progressing the objective of this Agreement
   
2. 
   effectiveness of governance arrangements, and
   
3. 
   privacy impact and effectiveness of privacy safeguards in protecting the personal information of individuals.
   

7.159The review will be provided to the MCPEM as the ministerial level governing body for the Identity Matching Services.

7.160The terms of reference for the review will be determined by the Coordination Group.

7.161The review will be published online by the Commonwealth.

SCHEDULE A – New South Wales

This Schedule sets out New South Wales’ financial contributions towards the National Driver Licence Facial Recognition Solution.

New South Wales’ financial contribution to the National Driver Licence Facial Recognition Solution

1. 
   In accordance with the funding arrangements set out in clauses 10.5 – 10.13 of the Agreement, New South Wales will provide the Commonwealth with $364,000 per year from 2018-19 towards the ongoing operating and maintenance costs of the National Driver Licence Facial Recognition Solution.
   
2. 
   This contribution will help support ongoing access to identity information within the National Driver Licence Facial Recognition Solution, via the Face Matching Services, for the following agencies:
   

1. 
   Roads and Maritime Service, New South Wales
   
2. 
   New South Wales Police Force
   
3. 
   New South Wales Crime Commission
   
4. 
   New South Wales Independent Commission Against Corruption (ICAC), and
   
5. 
   New South Wales Law Enforcement Conduct Commission.
   

3. 
   The provision of access to additional New South Wales Government agencies may be subject to further costs.
   
4. 
   This contribution may be varied via an agreement between the Commonwealth AttorneyGeneral’s Department and participating New South Wales Government agencies, following a review of funding arrangements for the National Driver Licence Facial Recognition Solution.
   
5. 
   Any costs associated with integrating the systems of the New South Wales road agency with the National Driver Licence Facial Recognition Solution are the responsibility of New South Wales.
   

New South Wales confirms their commitment to this Agreement:

Signed for and on behalf of New South Wales by

The Hon Gladys Berejiklian MP

Premier of New South Wales

Date

The Commonwealth confirms their commitment to this Agreement:

Signed for and on behalf of the Commonwealth by

The Hon Malcolm Turnbull MP

Prime Minister of Australia

Date

SCHEDULE B – Victoria

This Schedule sets out Victoria’s financial contributions towards the National Driver Licence Facial Recognition Solution.

Victoria’s financial contribution to the National Driver Licence Facial Recognition Solution

1. 
   In accordance with the funding arrangements set out in clauses 10.5 – 10.13 of the Agreement, Victoria will provide the Commonwealth with $264,000 per year from 2018-19 towards the ongoing operating and maintenance costs of the National Driver Licence Facial Recognition Solution.
   
2. 
   This contribution will help support ongoing access to identity information within the National Driver Licence Facial Recognition Solution, via the Face Matching Services, for the following agencies:
   

1. 
   Roads Corporation Victoria
   
2. 
   Victoria Police, and
   
3. 
   Independent Broad-Based Anti-Corruption Commission.
   

3. 
   The provision of access to additional Victorian Government agencies may be subject to further costs.
   
4. 
   This contribution may be varied via an agreement between the Commonwealth AttorneyGeneral’s Department and participating Victorian Government agencies, following a review of funding arrangements for the National Driver Licence Facial Recognition Solution.
   
5. 
   Any costs associated with integrating the systems of the Victorian road agency with the National Driver Licence Facial Recognition Solution are the responsibility of Victoria.
   

Victoria confirms their commitment to this Agreement:

Signed for and on behalf of Victoria by

The Hon Daniel Andrews MP

Premier of Victoria

Date

The Commonwealth confirms their commitment to this Agreement:

Signed for and on behalf of the Commonwealth by



The Hon Malcolm Turnbull MP

Prime Minister of Australia

Date

SCHEDULE C – Queensland

This Schedule sets out Queensland’s financial contributions towards the National Driver Licence Facial Recognition Solution.

Queensland’s financial contribution to the National Driver Licence Facial Recognition Solution

1. 
   In accordance with the funding arrangements set out in clauses 10.5 – 10.13 of the Agreement, Queensland will provide the Commonwealth with $202,000 per year from 2018-19 towards the ongoing operating and maintenance costs of the National Driver Licence Facial Recognition Solution.
   
2. 
   This contribution will help support ongoing access to identity information within the National Driver Licence Facial Recognition Solution, via the Face Matching Services, for the following agencies:
   

1. 
   Department of Transport and Main Roads
   
2. 
   Queensland Police Service, and
   
3. 
   Crime and Corruption Commission.
   

3. 
   The provision of access to additional Queensland Government agencies may be subject to further costs.
   
4. 
   This contribution may be varied via an agreement between the Commonwealth AttorneyGeneral’s Department and participating Queensland Government agencies, following a review of funding arrangements for the National Driver Licence Facial Recognition Solution.
   
5. 
   Any costs associated with integrating the systems of the Queensland road agency with the National Driver Licence Facial Recognition Solution are the responsibility of Queensland.
   

Queensland confirms their commitment to this Agreement:

Signed for and on behalf of Queensland by

The Hon Annastacia Palaszczuk MP

Premier of Queensland

Date

The Commonwealth confirms their commitment to this Agreement:

Signed for and on behalf of the Commonwealth by

The Hon Malcolm Turnbull MP

Prime Minister of Australia

Date

SCHEDULE D – Western Australia

This Schedule sets out Western Australia’s financial contributions towards the National Driver Licence Facial Recognition Solution.

Western Australia’s financial contribution to the National Driver Licence Facial Recognition Solution

1. 
   In accordance with the funding arrangements set out in clauses 10.5 – 10.13 of the Agreement, Western Australia will provide the Commonwealth with $122,000 per year from 2018-19 towards the ongoing operating and maintenance costs of the National Driver Licence Facial Recognition Solution.
   
2. 
   This contribution will help support ongoing access to identity information within the National Driver Licence Facial Recognition Solution, via the Face Matching Services, for the following agencies:
   

1. 
   Department of Transport
   
2. 
   Western Australia Police Force, and
   
3. 
   Corruption and Crime Commission.
   

3. 
   The provision of access to additional Western Australian Government agencies may be subject to further costs.
   
4. 
   This contribution may be varied via an agreement between the Commonwealth AttorneyGeneral’s Department and participating Western Australian Government agencies, following a review of funding arrangements for the National Driver Licence Facial Recognition Solution.
   
5. 
   Any costs associated with integrating the systems of the Western Australian road agency with the National Driver Licence Facial Recognition Solution are the responsibility of Western Australia.
   

Western Australia confirms their commitment to this Agreement:

Signed for and on behalf of Western Australia by

The Hon Mark McGowan MLA

Premier of Western Australia

Date

The Commonwealth confirms their commitment to this Agreement:

Signed for and on behalf of the Commonwealth by

The Hon Malcolm Turnbull MP

Prime Minister of Australia

Date

SCHEDULE E – South Australia

This Schedule sets out:

1. 
   South Australia’s financial contributions towards the National Driver Licence Facial Recognition Solution, and
   

125. 
     variations to this Agreement, specific to South Australia’s participation in the Identity Matching Services.
     

South Australia’s financial contribution to the National Driver Licence Facial Recognition Solution

1. 
   In accordance with the funding arrangements set out in clauses 10.5 – 10.13 of the Agreement, South Australia will provide the Commonwealth with $79,000 per year from 2018-19 towards the ongoing operating and maintenance costs of the National Driver Licence Facial Recognition Solution.
   
2. 
   This contribution will help support ongoing access to identity information within the National Driver Licence Facial Recognition Solution, via the Face Matching Services, for the following agencies:
   

1. 
   Department of Planning, Transport and Infrastructure
   
2. 
   South Australia Police
   
3. 
   Independent Commissioner Against Corruption, and
   
4. 
   Office for Public Integrity.
   

3. 
   The provision of access to additional South Australian Government agencies may be subject to further costs.
   
4. 
   This contribution may be varied via an agreement between the Commonwealth AttorneyGeneral’s Department and participating South Australian Government agencies, following a review of funding arrangements for the National Driver Licence Facial Recognition Solution.
   
5. 
   Any costs associated with integrating the systems of the South Australian road agency with the National Driver Licence Facial Recognition Solution are the responsibility of South Australia.
   

Variations to this Agreement specific to South Australia

6. 
   South Australia’s acceptance of this Agreement is provided on the basis of variations to the clauses of the Agreement as follows:
   

The Public Sector (Data Sharing) Act 2016 will provide authorisation for the purposes of clause 8.5 of the Agreement.

South Australia confirms their commitment to this Agreement:

Signed for and on behalf of South Australia by

The Hon Jay Weatherill MP

Premier of South Australia

Date

The Commonwealth confirms their commitment to this Agreement:

Signed for and on behalf of the Commonwealth by

The Hon Malcolm Turnbull MP

Prime Minister of Australia

Date

SCHEDULE F – Tasmania

This Schedule sets out Tasmania’s financial contributions towards the National Driver Licence Facial Recognition Solution.

Tasmania’s financial contribution to the National Driver Licence Facial Recognition Solution

1. 
   In accordance with the funding arrangements set out in clauses 10.5 – 10.13 of the Agreement, Tasmania will provide the Commonwealth with $30,000 per year from 2018-19 towards the ongoing operating and maintenance costs of the National Driver Licence Facial Recognition Solution.
   
2. 
   This contribution will help support ongoing access to identity information within the National Driver Licence Facial Recognition Solution, via the Face Matching Services, for the following agencies:
   

1. 
   Department of State Growth
   
2. 
   Tasmania Police, and
   
3. 
   Integrity Commission.
   

3. 
   The provision of access to additional Tasmanian Government agencies may be subject to further costs.
   
4. 
   This contribution may be varied via an agreement between the Commonwealth Attorney-General’s Department and participating Tasmanian Government agencies, following a review of funding arrangements for the National Driver Licence Facial Recognition Solution.
   
5. 
   Any costs associated with integrating the systems of the Tasmanian road agency with the National Driver Licence Facial Recognition Solution are the responsibility of Tasmania.
   

Tasmania confirms their commitment to this Agreement:

Signed for and on behalf of Tasmania by

The Hon William Hodgman MP

Premier of Tasmania

Date

The Commonwealth confirms their commitment to this Agreement:

Signed for and on behalf of the Commonwealth by

The Hon Malcolm Turnbull MP

Prime Minister of Australia

Date

SCHEDULE G – Australian Capital Territory

This Schedule sets out:

126. 
     the Australian Capital Territory’s financial contributions towards the National Driver Licence Facial Recognition Solution, and
     
127. 
     variations to this Agreement, specific to the Australian Capital Territory’s participation in the Identity Matching Services.
     

Australian Capital Territory’s financial contribution to the National Driver Licence Facial Recognition Solution

6. 
   In accordance with the funding arrangements set out in clauses 10.5 – 10.13 of the Agreement, the Australian Capital Territory will provide the Commonwealth with $20,000 per year from 2018-19 towards the ongoing operating and maintenance costs of the National Driver Licence Facial Recognition Solution.
   
7. 
   This contribution will help support ongoing access to identity information within the National Driver Licence Facial Recognition Solution, via the Face Matching Services, for the following agencies:
   

1. 
   Access Canberra, and
   
2. 
   ACT Policing.
   

8. 
   The provision of access to additional Australian Capital Territory Government agencies may be subject to further costs.
   
9. 
   This contribution may be varied via an agreement between the Commonwealth AttorneyGeneral’s Department and participating Australian Capital Territory Government agencies, following a review of funding arrangements for the National Driver Licence Facial Recognition Solution.
   
10. 
    Any costs associated with integrating the systems of the Australian Capital Territory road agency with the National Driver Licence Facial Recognition Solution are the responsibility of the Australian Capital Territory.
    

Variations to this Agreement specific to the Australian Capital Territory

11. 
    The Australian Capital Territory’s agreement to participate in the Face Matching Services is provided on the basis that:
    
    1. 
       The Australian Capital Territory:
       
       1. 
          will allow access to its data via the Face Verification Service for the purposes listed in clause 1.2;
          
       2. 
          will allow access to its data via the Face Identification Service for the purposes of national security and community safety only;
          
       3. 
          will not participate in the One Person One Licence System at this stage.
          
    2. 
       The Australian Capital Territory only agrees to participate in the Face Matching Services to the extent agreed to through the Face Matching Services Participation Agreement. The ACT will legislate as appropriate to give effect to the commitments contained in that Participation Agreement.
       
    3. 
       The Australian Capital Territory notes the importance of human rights, specifically the right to privacy. Any participation in the Capability by the Australian Capital Territory will be consistent with the human rights principles as set out in the Human Rights Act 2004 (ACT).
       

The Australian Capital Territory confirms their commitment to this Agreement:

Signed for and on behalf of the Australian Capital Territory by

Andrew Barr MLA

Chief Minister of the Australian Capital Territory

Date

The Commonwealth confirms their commitment to this Agreement:

Signed for and on behalf of the Commonwealth by

The Hon Malcolm Turnbull MP

Prime Minister of Australia

Date

SCHEDULE H – Northern Territory

This Schedule sets out the Northern Territory’s financial contributions towards the National Driver Licence Facial Recognition Solution.

Northern Territory’s financial contribution to the National Driver Licence Facial Recognition Solution

1. 
   In accordance with the funding arrangements set out in clauses 10.5 – 10.13 of the Agreement, Northern Territory will provide the Commonwealth with $14,700 per year from 2018-19 towards the ongoing operating and maintenance costs of the National Driver Licence Facial Recognition Solution.
   
2. 
   This contribution will help support ongoing access to identity information within the National Driver Licence Facial Recognition Solution, via the Face Matching Services, for the following agencies:
   

1. 
   Department of Infrastructure, Planning and Logistics, and
   
2. 
   Northern Territory Police.
   

3. 
   The provision of access to additional Northern Territory Government agencies may be subject to further costs.
   
4. 
   This contribution may be varied via an agreement between the Commonwealth AttorneyGeneral’s Department and participating Northern Territory Government agencies, following a review of funding arrangements for the National Driver Licence Facial Recognition Solution.
   
5. 
   Any costs associated with integrating the systems of the Northern Territory road agency with the National Driver Licence Facial Recognition Solution are the responsibility of the Northern Territory.
   

Northern Territory confirms their commitment to this Agreement:

Signed for and on behalf of the Northern Territory by

The Hon Michael Gunner MLA

Chief Minister of the Northern Territory

Date

The Commonwealth confirms their commitment to this Agreement:

Signed for and on behalf of the Commonwealth by

The Hon Malcolm Turnbull MP

Prime Minister of Australia

Date