Variation to extend term of MOU in relation to National Facial Biometric Matching Capability

Commencement date: 8 May 2019

Variation to extend term of Memorandum of Understanding between the Department of Home Affairs (Home Affairs) and the Office of the Australian Information Commissioner (‘OAIC’) for the provision of privacy assessments in relation to the National Facial Biometric Matching Capability (‘NFBMC’)

This document constitutes a variation (under clause 15) to the Memorandum of Understanding (MOU) between the Department of Home Affairs and the Office of the Australian Information Commissioner (‘OAIC’) for the provision of privacy assessments by the OAIC in relation to the National Facial Biometric Matching Capability (‘NFBMC’).

Background

In November 2017, the Attorney-General’s Department (‘AGD’) and the Office of the Australian Information Commissioner (‘the OAIC’) signed the Memorandum of Understanding (MOU) for the provision of privacy assessments by the OAIC in relation to the National Facial Biometric Matching Capability (NFBMC).

On 20 December 2017, the Department of Home Affairs (Home Affairs) assumed responsibility for the NFBMC from AGD as part of Machinery of Government changes. As a result, Home Affairs assumed responsibility for the roles and responsibilities of AGD under the MOU.

After 20 December 2017, the MOU continued in effect, with the Parties to the MOU effectively being Home Affairs and the OAIC (consistent with clause 12.2 of the MOU).

On 7 February 2018, the Identity-matching Services Bill 2018 (Cth) was introduced into Parliament, but has not passed as of the date of this variation. The effect of this delay in passage is that OAIC’s privacy assessments need to be deferred to later financial years than envisaged by the timeframe in the MOU, which currently provides that the MOU is to continue until 31 December 2019 (Paragraph 2.1).

In summary, this variation will defer commencement of the privacy assessments, and payments for those privacy assessments, for two years.

Contact Officer

In accordance with clause 12.1 of the MOU, the OAIC nominates the following person as the OAIC contact officer:

Brett Watson
Director, Regulation and Strategy
Tel: [removed]
Email: [removed]

Variation schedule

MOU for the funding arrangements between Home Affairs and the OAIC for the provision of privacy assessments by the OAIC in relation to the NFBMC.

Item 1 - MOU - throughout

Each reference to the “Attorney-General’s Department” or “AGD”: delete and substitute “Department of Home Affairs” and “Home Affairs” respectively.

Item 2 - MOU paragraph 2.1 (page 3)

The Parties agree to extend the MOU to 31 December 2021.

Item 3 - MOU table in paragraph 6.1 (pages 5-6)

  1. Delete “AGD means the Attorney-General's Department”, substitute “Home Affairs means the Department of Home Affairs”
  2. After the end of the definition of “Party/parties”, insert the following definition: “Personal Information | has the same meaning as in the Privacy Act 1988 (Cth)

Item 4 - MOU Schedule 2, box 1 (page 12)

After ‘1’: delete ‘2017/18’, substitute ‘2019/20’.

Item 5 - MOU Schedule 2, box 1 (page 12)

After ‘This assessment report should be provided no later than’: delete ‘1 October 2018’, substitute ‘1 October 2020’.

Item 6 - MOU Schedule 2, box 2 (page 13)

After ‘2’: delete ‘2018/19’, substitute ‘2020/21’.

Item 7 - MOU Schedule 2, box 2 (page 13)

Delete each instance of ‘2017/18’, substitute ‘2019/20’.

Item 8 - MOU Schedule 2, box 2 (page 13)

After ‘This assessment report should be provided no later than’: delete ‘1 October 2019’, substitute ‘1 October 2021’.

Item 9 - MOU Schedule 2, Funding (page 13)

Paragraph a): after ‘payable on’ delete ‘[30 June 2018]’, substitute ‘30 June 2020’.

Paragraph b): after ‘payable on’ delete ‘[30 June 2019]’, substitute ‘30 June 2021’.

Variation

The Parties agree to vary the MOU for the funding arrangements between Home Affairs and the OAIC for the provision of privacy assessments by the OAIC in relation to the NFBMC, in accordance with the attached Variation Schedule. The variation will commence on the date on which the last Party has signed this document.

Signed for and on behalf of the Department of Home Affairs, by:

Andrew Rice
First Assistant Secretary
Identity and Biometrics Division
Date: 8 May 2019

Signed for and on behalf of the Office of the Australian Information Commissioner, by:

Elizabeth Hampton
Deputy Commissioner
Office of the Australian Information Commissioner
Date: 3 May 2019