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

Commencement date: 30 June 2020

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

On 15 November 2017, the Attorney-General’s Department (‘AGD’) and the Office of the Australian Information Commissioner (‘the OAIC’) signed a 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.

On 31 July 2019, the Identity-matching Services Bill 2019 (Cth) was introduced into Parliament. It has not yet passed through Parliament.

Due to the delay in passage of the Identity-matching Services Bill 2019, this variation is necessary to defer the commencement of the privacy assessments and their payment for one year.

Contact Officer

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

Karin Van Eeden
Assistant Director, Regulation and Strategy
Tel: [removed]
Email: [removed]

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: 30 June 2020

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

Angelene Falk
Privacy Commissioner
Office of the Australian Information Commissioner
Date: 30 June 2020

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 clause 2.1 (page 3)

The number ‘1’ is inserted before the heading of ‘Parties’.

The Parties agree to extend the MOU to 31 December 2022.

Item 2 – MOU Schedule 2, box 1 (page 12)

After ‘1’: delete ‘2019/20’, substitute ‘2020/21’.

Item 3 – MOU Schedule 2, box 1 (page 12)

After ‘This assessment report should be provided no later than’: delete ‘1 October 2020’, substitute ‘1 October 2021’.

Item 4 – MOU Schedule 2, box 2 (page 13)

After ‘2’: delete ‘2020/21’, substitute ‘2021/22’.

Item 5 – MOU Schedule 2, box 2 (page 13)

Delete each instance of ‘2019/20’, substitute ‘2020/21’.

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

After ‘This assessment report should be provided no later than’: delete ‘1 October 2021’, substitute ‘1 October 2022’.

Item 7 – MOU Schedule 2, Funding (page 13)

Paragraph a): after ‘payable on’ delete ‘[30 June 2020]’, substitute ‘30 June 2021’.

Paragraph b): after ‘payable on’ delete ‘[30 June 2021]’, substitute ‘30 June 2022’.