{"id":"western-australian-photo-card-act-2014","name":"Western Australian Photo Card Act 2014","slug":"western-australian-photo-card-act-2014","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":111170,"registerId":"wa-western-australian-photo-card-act-2014-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Western Australian Photo Card Act 2014","content":"![Crest]()Western Australia\n\nWestern Australian Photo Card Act 2014\n\nWestern Australia\n\nWestern Australian Photo Card Act 2014\n\nContents\n\nPart 1 — Preliminary\n\n1. Short title 1\n\n2. Commencement 1\n\n3. Terms used 1\n\nPart 2 — Western Australian Photo Card\n\n4. Eligibility for photo card 3\n\n5. Application for photo card 3\n\n6. Provision of photograph and signature 3\n\n7. Issue of photo card 4\n\n8. Form and content of photo card 5\n\n9. Duration of photo card 5\n\n10. Cancellation of photo card 5\n\n11. Other offences relating to photo cards 6\n\nPart 3 — Information management\n\n12. Terms used 7\n\n12A. Disclosure by means of automated system 7\n\n13. Register 8\n\n14. Disclosure of identifying information or photo card information to prescribed person 8\n\n14A. Disclosure of identifying information or photo card information with consent 10\n\n15. Disclosure of photographs to police, ASIO and law enforcement officials 10\n\n16. Disclosure of photographs to executor or administrator 11\n\n17. Possession and reproduction of photographs and signatures 11\n\n17A. No subpoena or order for disclosure of identifying information 12\n\n17B. Annual report in relation to identifying information 12\n\n17C. Tabling amendments to intergovernmental agreement 13\n\nPart 4 — Administration\n\n18. Delegation of functions of CEO 14\n\n19. Delegation of functions of Commissioner of Police 14\n\n20. Agreements for performance of functions 15\n\nPart 5 — Other matters\n\n21. Confidentiality of information 17\n\n22. Protection from liability for wrongdoing 17\n\n23. Proceedings for offences 18\n\n24. Regulations 18\n\nNotes\n\nCompilation table 20\n\nDefined terms\n\n  \n\nWestern Australia\n\nWestern Australian Photo Card Act 2014\n\nAn Act to provide for the issue of a document known as a Western Australian Photo Card and for related purposes.\n\nThe Parliament of Western Australia enacts as follows:\n\n## Part 1 — Preliminary\n\n##### 1. Short title\n\nThis is the *Western Australian Photo Card Act 2014*.\n\n##### 2. Commencement\n\nThis Act comes into operation as follows —\n\n(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent;\n\n(b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.\n\n##### 3. Terms used\n\nIn this Act, unless the contrary intention appears —\n\napplicant means a person who makes an application under section 5;\n\ncardholder, in relation to a photo card, means the person to whom the card is issued;\n\nCEO means the chief executive officer of the Department;\n\nCommissioner of Police means the person holding or acting in the office of Commissioner of Police under the *Police Act 1892*;\n\nDepartment means the department of the Public Service principally assisting in the administration of this Act;\n\ndestroyed includes damaged so as to be unusable;\n\ndisclose includes to provide, to release and to give access to;\n\neligible person means a person who is eligible under section 4 for the issue of a Western Australian Photo Card;\n\nexpiry day, in relation to a photo card, means the last day of the period for which the photo card is current;\n\nphoto card means a Western Australian Photo Card issued to a cardholder by the CEO under this Act and includes, where relevant, any replacement or additional card issued to that cardholder in accordance with the regulations;\n\nphoto card information means information about photo cards, including the information referred to in section 13(1), but does not include photographs and signatures provided to the CEO under this Act;\n\nphotograph includes an electronic record of a photograph;\n\nprescribed means prescribed by the regulations;\n\nrelated Act means —\n\n(a) the *Road Traffic (Authorisation to Drive) Act 2008*; or\n\n(b) a prescribed Act;\n\nsignature includes an electronic record of a signature.\n\n[Section 3 amended: No. 8 of 2022 s. 14.]\n\n## Part 2 — Western Australian Photo Card\n\n##### 4. Eligibility for photo card\n\nA person is eligible for the issue of a Western Australian Photo Card if the person —\n\n(a) is ordinarily resident in the State; and\n\n(b) has reached 16 years of age; and\n\n(c) meets any other requirements prescribed for the purposes of this section.\n\n##### 5. Application for photo card\n\n(1) A person may apply in writing to the CEO for the issue of a Western Australian Photo Card.\n\n(2) The application must be made in a form approved by the CEO.\n\n(3) The application must be accompanied by —\n\n(a) such evidence as the CEO requires to satisfy the CEO of the applicant’s eligibility, identity and residential address; and\n\n(b) where relevant, a photograph and a signature in accordance with section 6; and\n\n(c) the prescribed fee.\n\n(4) A person who holds a photo card (the current card) cannot make an application under subsection (1) for a new photo card earlier than 6 months before the expiry day of the current card.\n\n(5) Subsection (4) does not apply to an application for a replacement or additional card issued in accordance with the regulations.\n\n##### 6. Provision of photograph and signature\n\n(1) An applicant must provide to the CEO, for use on the photo card —\n\n(a) unless subsection (3) applies, a photograph of the applicant; and\n\n(b) unless subsection (4) applies, the applicant’s signature.\n\n(2) The photograph and signature are to be provided in a manner and form approved by the CEO.\n\n(3) An applicant does not have to provide a photograph under subsection (1) if, within the period of 10 years before the application, the applicant has provided a photograph under this Act or a related Act.\n\n(4) An applicant does not have to provide a signature under subsection (1) if —\n\n(a) the person is unable to sign because of a permanent disability; or\n\n(b) within the period of 10 years before the application, the applicant has provided a signature under this Act or a related Act.\n\n(5) The CEO is authorised to use on a photo card a photograph or signature provided by the applicant under this Act, or a related Act, within the period of 10 years before the application.\n\n[Section 6 amended: No. 8 of 2022 s. 15.]\n\n##### 7. Issue of photo card\n\nThe CEO may issue a Western Australian Photo Card to an applicant if —\n\n(a) the CEO is satisfied that the applicant is an eligible person; and\n\n(b) the applicant has —\n\n(i) provided the evidence referred to in section 5(3)(a); and\n\n(ii) complied with section 6 in relation to the provision of a photograph and signature; and\n\n(iii) paid the fee referred to in section 5(3)(c).\n\n##### 8. Form and content of photo card\n\n(1) A photo card must be in a form approved by the CEO.\n\n(2) A photo card must contain the following —\n\n(a) the cardholder’s photograph;\n\n(b) the cardholder’s name;\n\n(c) the cardholder’s date of birth;\n\n(d) if the cardholder so chooses, the cardholder’s residential address;\n\n(e) the cardholder’s signature, unless section 6(4)(a) applies;\n\n(f) the expiry day of the card.\n\n##### 9. Duration of photo card\n\nA photo card is current for the period prescribed, or provided for, by the regulations.\n\n##### 10. Cancellation of photo card\n\n(1) The CEO may, by written notice given to the cardholder, cancel a photo card —\n\n(a) if the CEO considers that the cardholder is no longer an eligible person; or\n\n(b) if the CEO considers that the cardholder obtained the photo card on the basis of incorrect or misleading information (whether or not fraud or misrepresentation was involved) or in a manner contrary to this Act; or\n\n(c) if the cardholder obtained the photo card by means of a form of payment that was subsequently dishonoured; or\n\n(d) on such other grounds (if any) as are prescribed.\n\n(2) If a photo card is cancelled under subsection (1), the CEO may, by the notice referred to in subsection (1) or by subsequent written notice given to the cardholder, direct the cardholder, within the period specified in the notice —\n\n(a) to return the photo card to the CEO in the manner specified in the notice; or\n\n(b) to notify the CEO in writing that the photo card has been stolen, lost or destroyed.\n\n(3) A person must comply with a direction given under subsection (2).\n\nPenalty for this subsection: a fine of $2 500.\n\n[Section 10 amended: No. 8 of 2022 s. 16.]\n\n##### 11. Other offences relating to photo cards\n\n(1) A person must not give information that the person knows to be false or misleading in a material particular to a person performing a function under this Act.\n\n\tPenalty for this subsection: a fine of $2 500.\n\n(2) A person must not forge or fraudulently alter a photo card.\n\nPenalty for this subsection: a fine of $2 500.\n\n(3) A person must not use a forged or fraudulently altered photo card, or a photo card to which the person is not entitled.\n\nPenalty for this subsection: a fine of $2 500.\n\n(4) A person must not, without lawful excuse, have in the person’s possession with intent to deceive, a photo card, or an article resembling a photo card.\n\nPenalty for this subsection: a fine of $2 500.\n\n(5) A person must not lend a photo card to, or allow a photo card to be used by, another person.\n\nPenalty for this subsection: a fine of $2 500.\n\n[Section 11 amended: No. 8 of 2022 s. 17.]\n\n## Part 3 — Information management\n\n##### 12. Terms used\n\n(1) In this Part —\n\nidentifying information means —\n\n(a) a photograph of a person provided to or used by the CEO under this Act; or\n\n(b) a signature of a person provided to or used by the CEO under this Act; or\n\n(c) information associated with such a photograph or signature to facilitate identification of the person;\n\nintergovernmental agreement means the Intergovernmental Agreement on Identity Matching Services between the Commonwealth, the States, the Australian Capital Territory and the Northern Territory made on 5 October 2017, as in force from time to time.\n\n(2) A reference in this Part to a photograph or signature provided to or used by the CEO under this Act is a reference to a photograph or signature provided to or used by the CEO under this Act whether before or after the day specified in the *Transport Legislation Amendment (Identity Matching Services) Act 2022* section 2(b).\n\n[Section 12 inserted: No. 8 of 2022 s. 18.]\n\n##### 12A. Disclosure by means of automated system\n\n(1) If the CEO is authorised to disclose a photograph, signature or information under this Part, the disclosure may, subject to the regulations, be made by means of an automated system.\n\n(2) The automated system must comply with any requirements set out in the regulations.\n\n(3) The automated system may, subject to the regulations, allow relevant persons to retrieve data in the system and to be sent alerts about data that has been modified or added to the system.\n\n[Section 12A inserted: No. 8 of 2022 s. 18.]\n\n##### 13. Register\n\n(1) The CEO must keep an accurate and up to date register that records the following information in respect of each photo card issued under this Act —\n\n(a) the cardholder’s name;\n\n(b) the cardholder’s date of birth;\n\n(c) the cardholder’s last known residential address;\n\n(d) the first day of the period for which the card is current;\n\n(e) the expiry day of the card;\n\n(f) if the card has been cancelled under section 10, the date of cancellation;\n\n(g) whether a replacement or additional card has been issued to the cardholder;\n\n(h) any other information the CEO considers appropriate.\n\n(2) The register may be kept in such form as the CEO thinks fit.\n\n##### 14. Disclosure of identifying information or photo card information to prescribed person\n\n(1) In this section —\n\nauthorised purpose means —\n\n(a) the purpose of performing functions under a written law or a law of the Commonwealth, another State or a Territory; or\n\n(b) a purpose related to the administration or enforcement of a written law or a law of the Commonwealth, another State or a Territory; or\n\n(c) in relation to photo card information — a purpose prescribed for the purposes of this paragraph; or\n\n(d) in relation to identifying information —\n\n(i) the purpose of developing and testing computer systems that connect to the National Driver Licence Facial Recognition Solution (as defined in clause 3.1 of the intergovernmental agreement); or\n\n(ii) a purpose, prescribed by the regulations for the purposes of this paragraph, that is related to a purpose set out in clause 1.2 of the intergovernmental agreement;\n\nprescribed person means a person prescribed, or who falls within a class of persons prescribed, for the purposes of this definition.\n\n(2) The CEO may disclose identifying information or photo card information to a prescribed person if the CEO considers that the information is required by the person for an authorised purpose.\n\n  (3) The following persons must not use disclosed identifying information or photo card information for a purpose other than the authorised purpose for which it was disclosed —\n\n(a) a person to whom the information is disclosed under subsection (2);\n\n(b) a person who is employed or engaged by a person to whom the information is disclosed under subsection (2).\n\nPenalty for this subsection: imprisonment for 2 years or a fine of $24 000.\n\n[Section 14 amended: No. 8 of 2022 s. 19.]\n\n##### 14A. Disclosure of identifying information or photo card information with consent\n\nThe CEO may disclose identifying information or photo card information to another person with the consent of the person to whom the information relates.\n\n[Section 14A inserted: No. 8 of 2022 s. 20.]\n\n##### 15. Disclosure of photographs to police, ASIO and law enforcement officials\n\n(1) In this section —\n\nASIO Act means the *Australian Security Intelligence Organisation Act 1979* (Commonwealth);\n\nASIO official means —\n\n(a) the Director‑General of Security; or\n\n(b) an officer or employee of the Australian Security Intelligence Organisation (continued under the ASIO Act) who is authorised by the Director‑General of Security for the purposes of this section;\n\nDirector‑General of Security means the Director‑General of Security holding office under the ASIO Act;\n\nlaw enforcement official means a person prescribed, or who falls within a class of persons prescribed, for the purposes of this section;\n\npolice official means —\n\n(a) the Commissioner of Police; or\n\n(b) a police officer who is authorised by the Commissioner of Police for the purposes of this section; or\n\n(c) a person employed or engaged in the department of the Public Service principally assisting in the administration of the *Police Act 1892* who is authorised by the Commissioner of Police for the purposes of this section.\n\n(2) The CEO must disclose photographs provided to or used by the CEO under this Act to a police official for the purposes of the performance of the police official’s functions under a written law.\n\n(3) The CEO must disclose photographs provided to or used by the CEO under this Act to an ASIO official for the purposes of the performance of the ASIO official’s functions under the ASIO Act or another law of the Commonwealth.\n\n(4) The CEO may, with the prior approval of the Commissioner of Police, disclose photographs provided to or used by the CEO under this Act to a law enforcement official if the CEO considers that the photographs are required for the purposes of the performance of the law enforcement official’s functions under a written law or a law of the Commonwealth, another State or a Territory.\n\n[Section 15 amended: No. 8 of 2022 s. 21.]\n\n##### 16. Disclosure of photographs to executor or administrator\n\nIf the person shown in a photograph provided to or used by the CEO under this Act has died, the CEO may disclose the photograph to an executor or administrator of the person’s estate.\n\n[Section 16 amended: No. 8 of 2022 s. 22.]\n\n##### 17. Possession and reproduction of photographs and signatures\n\n(1) A person must not, other than for the purposes of this Act or a related Act, possess a photograph or signature provided to or used by the CEO under this Act that is not on a photo card.\n\nPenalty for this subsection: imprisonment for 2 years or a fine of $24 000.\n\n(2) Subsection (1) does not apply to a person who possesses a photograph or signature as a result of its disclosure under this Part.\n\n[(3) deleted]\n\n(4) A person employed or engaged in connection with any aspect of the production of photo cards or otherwise concerned in the administration of this Act must not, other than for the purposes of this Act or a related Act —\n\n(a) reproduce, by any means, a photograph or signature provided to or used by the CEO under this Act; or\n\n(b) cause or permit another person to do so.\n\nPenalty for this subsection: imprisonment for 2 years or a fine of $24 000.\n\n[Section 17 amended: No. 8 of 2022 s. 23.]\n\n##### 17A. No subpoena or order for disclosure of identifying information\n\nIdentifying information is not to be compelled to be produced or disclosed in civil proceedings by subpoena or otherwise, except in proceedings under the following Acts —\n\n(a) the *Criminal Organisations Control Act 2012*;\n\n(b) the *Criminal Property Confiscation Act 2000*;\n\n(c) the *High Risk Serious Offenders Act 2020*.\n\n[Section 17A inserted: No. 8 of 2022 s. 24.]\n\n##### 17B. Annual report in relation to identifying information\n\n(1) In this section —\n\nEntity has the meaning given in clause 3.1 of the intergovernmental agreement;\n\nFace Matching Services has the meaning given in clause 3.1 of the intergovernmental agreement.\n\n(2) Within 3 months after the end of the financial year, the CEO must give to the Minister a report containing the following information for that financial year —\n\n(a) the name of each Entity with which the Department had an arrangement that allowed for identifying information to be shared with the Entity through the Face Matching Services;\n\n(b) details of any loss of, or unauthorised access to or disclosure of, identifying information that is likely to result in serious harm to a person to whom the information relates;\n\n(c) any other information that the Minister requests the CEO to include in relation to identifying information.\n\n(3) The report may form part of the annual report submitted to the Minister under the *Financial Management Act 2006* section 63(2)(a).\n\n(4) If the report does not form part of that annual report, the Minister must cause a copy of the report to be laid before each House of Parliament within 14 sitting days of the House after the Minister receives it.\n\n[Section 17B inserted: No. 8 of 2022 s. 24.]\n\n##### 17C. Tabling amendments to intergovernmental agreement\n\nIf the intergovernmental agreement (other than a Schedule that does not relate to this State) is amended, the Minister must cause a copy of the amendment to be laid before each House of Parliament within 14 sitting days of the House after the amendment is made.\n\n[Section 17C inserted: No. 8 of 2022 s. 24.]\n\n## Part 4 — Administration\n\n##### 18. Delegation of functions of CEO\n\n(1) The CEO may delegate to a person any power or duty of the CEO under another provision of this Act.\n\n(2) The delegation must be in writing signed by the CEO.\n\n(3) If a person is not employed in the Department, a power or duty can only be delegated to the person under this section if the person has been approved by the Minister for the purposes of this section.\n\n(4) An approval under subsection (3) may be given in respect of —\n\n(a) a specified person or persons of a specified class; or\n\n(b) the holder or holders for the time being of a specified office or class of office.\n\n(5) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.\n\n(6) A person exercising or performing a power or duty that has been delegated to the person under this section, is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.\n\n(7) Nothing in this section limits the ability of the CEO to perform a function through an officer or agent.\n\n##### 19. Delegation of functions of Commissioner of Police\n\n(1) The Commissioner of Police may delegate a power or duty of the Commissioner under section 15 to any of the following —\n\n(a) a specified police officer;\n\n(b) a police officer of a specified class;\n\n(c) a person who is employed in the department of the Public Service principally assisting in the administration of the *Police Act 1892*.\n\n(2) The delegation must be in writing signed by the Commissioner of Police.\n\n(3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.\n\n(4) A person exercising or performing a power or duty that has been delegated to the person under this section, is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.\n\n(5) Nothing in this section limits the ability of the Commissioner of Police to perform a function through an officer or agent.\n\n##### 20. Agreements for performance of functions\n\n(1) The CEO may enter into an agreement providing for the CEO’s functions under this Act that are described in the agreement to be performed on behalf of the CEO.\n\n(2) The agreement may be with the Commissioner of Police, a local government, or any other person or body, whether or not the person or body has itself functions of a public nature.\n\n(3) A function described in the agreement may be performed —\n\n(a) in accordance with the agreement; and\n\n(b) on and subject to terms and conditions in the agreement.\n\n(4) If the performance of a function is dependent upon the opinion, belief, or state of mind of the CEO it may be performed under the agreement upon the opinion, belief, or state of mind of the person or body with whom the agreement is made or another person provided for in the agreement.\n\n(5) The CEO may disclose photographs and signatures provided to the CEO under this Act and photo card information to the person or body with whom the agreement is made if the CEO considers that the disclosure is required for the purposes of performing a function under the agreement.\n\n(6) For the purposes of this Act or any other written law, an act or thing done by, to, by reference to, or in relation to, a person or body in connection with the performance by that person or body under the agreement of a function of the CEO is as effectual as if it had been done by, to, by reference to, or in relation to, the CEO.\n\n[Section 20 amended: No. 8 of 2022 s. 25.]\n\n## Part 5 — Other matters\n\n##### 21. Confidentiality of information\n\n(1) A person who is or has been engaged in the performance of functions under this Act must not, directly or indirectly, record, disclose or make use of information obtained under this Act except —\n\n(a) for a purpose related to the administration or enforcement of this Act; or\n\n(b) as required or authorised under this Act or another written law; or\n\n(c) with the consent of the person to whom the information relates; or\n\n(d) in circumstances prescribed by the regulations.\n\nPenalty for this subsection: imprisonment for one year or a fine of $12 000.\n\n(2) Subsection (1) does not prevent the disclosure of statistical or other information that could not reasonably be expected to lead to the identification of any person to whom it relates.\n\n[Section 21 amended: No. 8 of 2022 s. 26.]\n\n##### 22. Protection from liability for wrongdoing\n\n(1) An action in tort does not lie against a person for anything that the person has done, in good faith, in the performance or purported performance of a function under this Act.\n\n(2) The State is also relieved of any liability that it might otherwise have had for a person having done anything as described in subsection (1).\n\n(3) The protection given by this section applies even though the thing done as described in subsection (1) may have been capable of being done whether or not this Act had been enacted.\n\n(4) In this section, a reference to the doing of anything includes a reference to an omission to do anything.\n\n##### 23. Proceedings for offences\n\n(1) Without limiting the functions of the DPP under the *Director of Public Prosecutions Act 1991*, a prosecution for an offence under this Act may only be commenced by —\n\n(a) the CEO; or\n\n(b) a person authorised, or a person who falls within a class of persons authorised, in writing by the CEO to do so.\n\n(2) A prosecution for an offence under this Act must be commenced within 2 years after the date on which the offence was allegedly committed.\n\n##### 24. Regulations\n\n(1) The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act.\n\n(2) Without limiting subsection (1), the regulations may do one or more of the following —\n\n(a) provide for the replacement of photo cards;\n\n(b) provide for the issue of additional photo cards, to enable cardholders to hold a photo card containing the cardholder’s residential address and a photo card that does not contain the cardholder’s residential address;\n\n(c) provide for the provision of photographs and signatures for use on replacement and additional photo cards;\n\n(d) provide for the circumstances in which a photo card must be returned to the CEO and the manner in which it is to be returned;\n\n(e) provide for a cardholder to be required to notify the CEO if the cardholder’s photo card is damaged, stolen, lost or destroyed;\n\n(f) provide for a cardholder to be required to notify the CEO of a change of residential address or other particulars in respect of the cardholder;\n\n(g) prescribe fees payable in relation to any matter under this Act;\n\n(h) provide that contravention of a regulation is an offence and, for an offence against the regulations, provide for a penalty not exceeding a fine of $5 000.\n\n![dline]()\n\nNotes\n\nThis is a compilation of the *Western Australian Photo Card Act 2014* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Western Australian Photo Card Act 2014* | 1 of 2014 | 26 Feb 2014 | s. 1 and 2: 26 Feb 2014 (see s. 2(a));   Act other than s. 1 and 2: 1 Jul 2014 (see s. 2(b) and *Gazette* 17 Jun 2014 p. 1955) |\n| *Transport Legislation Amendment (Identity Matching Services) Act 2022* Pt. 4 | 8 of 2022 | 14 Apr 2022 | 15 Apr 2022 (see s. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\napplicant 3\n\nASIO Act 15(1)\n\nASIO official 15(1)\n\nauthorised purpose 14(1)\n\ncardholder 3\n\nCEO 3\n\nCommissioner of Police 3\n\ncurrent card 5(4)\n\nDepartment 3\n\ndestroyed 3\n\nDirector-General of Security 15(1)\n\ndisclose 3\n\neligible person 3\n\nEntity 17B(1)\n\nexpiry day 3\n\nFace Matching Services 17B(1)\n\nidentifying information 12(1)\n\nintergovernmental agreement 12(1)\n\nlaw enforcement official 15(1)\n\nphoto card 3\n\nphoto card information 3\n\nphotograph 3\n\npolice official 15(1)\n\nprescribed 3\n\nprescribed person 14(1)\n\nrelated Act 3\n\nsignature 3\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Yes. The original Act established the Photo Card as a state photo ID and set out issuance, content, duration and offences. Subsequent amendments (notably by the Transport Legislation Amendment (Identity Matching Services) Act 2022) expanded the Act's scope from purely issuing and administering physical photo cards to enabling automated disclosure, participation in intergovernmental identity‑matching services (face‑matching), and broader data sharing with law‑enforcement, ASIO and \"prescribed\" persons. Concrete additions include new or amended provisions: definitions and scope for \"identifying information\" and the intergovernmental agreement (s 12), automated disclosure and system requirements (s 12A), broader authorised disclosure rules and consent disclosure (ss 14, 14A), statutory obligations to disclose photographs to police and ASIO (s 15), protections against compelled disclosure in civil proceedings limited to specified Acts (s 17A), and annual reporting and tabling obligations related to face‑matching arrangements (ss 17B–17C). These changes materially broaden the Act from a card‑issuance regime to one that governs participation in national/automated identity‑matching infrastructure and associated data governance and sharing arrangements."},"complexity_factors":["Five Parts and multiple operational areas (eligibility/issue, offences, information management, administration, other matters)","Approximately 30 defined terms spread across interpretation and Part 3 (e.g. identifying information, intergovernmental agreement, Face Matching Services)","Significant cross‑references to other legislation (Police Act 1892, ASIO Act, Criminal Organisations Control Act 2012, Criminal Property Confiscation Act 2000, High Risk Serious Offenders Act 2020 and Commonwealth intergovernmental agreement)","Multiple criminal and civil‑procedure limits (penalties for false information, reproduction, possession; prohibition on subpoena except for specified Acts) introducing conditional rules (ss 11, 17, 17A)","Newer identity‑matching and automated disclosure provisions layered on the original card issuance scheme (inserted sections 12, 12A, 14A, 17A, 17B, 17C), increasing technical and governance complexity","Delegation and agreement powers (ss 18–20) allowing third‑party performance of functions, which creates additional contractual and oversight conditions","Heavy reliance on regulations and \"prescribed\" classes to define key limits and uses (s 24; multiple uses of 'prescribed'), producing legal uncertainty until regulations are read","Reporting and tabling requirements tied to an intergovernmental agreement, which imports external governance terms (ss 17B–17C)"],"plain_english_summary":"**What this law does (mechanics)\n\n- Establishes the Western Australian Photo Card as an official form of photo identification and sets rules for who can get one, how to apply, what must appear on the card, how long it lasts and when it can be cancelled (Parts 1–2: ss 4–11).  \n- Requires applicants to prove identity, residency and age, to provide a photograph and signature (with limited exceptions), and to pay a fee (ss 5–6, 7).  \n- Creates and requires the CEO of the Department to maintain a register of issued cards and specified cardholder details (s 13).  \n- Regulates how photographs, signatures and other card data (\"identifying information\" and \"photo card information\") may be disclosed, including to police, ASIO, other law‑enforcement officials and prescribed persons, and allows disclosure with the cardholder's consent (ss 12–16, 14A).  \n- Allows disclosure and access to data by automated systems subject to regulation (s 12A).  \n- Forbids unauthorised possession, reproduction or use of photographs and signatures held under the Act, sets criminal penalties, and limits use of disclosed information to authorised purposes (ss 17, 14(3)).  \n- Protects certain identifying information from being compelled in most civil proceedings, but permits compulsion in a small number of specified Acts (s 17A).  \n- Requires annual reporting to the Minister on arrangements that share identifying information via face‑matching services, and requires tabling of amendments to a relevant intergovernmental agreement (ss 17B–17C).  \n- Provides for delegations, commercial or inter‑agency agreements to perform functions, confidentiality obligations, limited tort immunity for officials acting in good faith, and regulation‑making powers (ss 18–24).\n\n\nWho it affects\n\n- Individuals in Western Australia who want a state photo ID but not necessarily a driver licence: eligibility starts at age 16 and requires ordinary residence in WA (s 4).  \n- The CEO and Department staff who administer applications, maintain the register and control disclosures (ss 5, 13, 14).  \n- Police, ASIO and other prescribed law‑enforcement or government agencies that receive photographs or card data for official purposes (ss 15, 14).  \n- Private bodies or other governments that may be prescribed persons or enter agreements to perform functions under the Act (ss 14(1), 20, 20(5)).  \n- People who handle card photographs or signatures (e.g. contractors who produce cards) — subject to strict limits on reproduction and use (s 17).\n\n\nWhy it matters (policy effects and practical trade‑offs)\n\n- Identity provisioning and administration: the Act creates a standard government photo ID, which affects who needs to obtain, carry and present identification for access to services and transactions (Parts 2–3). Applicants pay the fee and provide documentary proof (s 5).  \n- Data sharing and law‑enforcement access: the Act explicitly permits disclosure of photographs and related identifying data to police, ASIO and other prescribed entities, and enables automated checking and sharing through face‑matching services and intergovernmental arrangements (ss 12, 12A, 14–15, 17B). This expands the Card’s function beyond individual ID to being a source of data for identity matching.  \n- Privacy, control and legal protection: the law criminalises unauthorised possession or reproduction of photographs and signatures (s 17), restricts compelled disclosure in most civil litigation (s 17A), and requires annual reporting on data‑sharing arrangements (s 17B). Those are mechanisms to manage privacy risk while permitting operational disclosure.  \n- Administrative discretion and outsourced performance: the CEO has broad powers to decide eligibility, cancel cards, delegate functions, and to contract or enter agreements with other bodies (ss 7, 10, 18–20). That centralises decision‑making while allowing functions to be performed by non‑government parties (including possibly private suppliers), which creates efficiency options but raises procurement and oversight considerations (s 20).  \n\n\nKey incentives, costs and implementation risks (concrete mechanisms)\n\n- Who pays: applicants pay the prescribed fee for cards (s 5(3)(c)); the Department bears ongoing costs for maintaining the register, meeting disclosure obligations and compliance reporting (ss 13, 17B). Costs for automated systems, inter‑jurisdictional connections and contractor services are implicit and will be met from departmental budgets or contract fees (ss 12A, 20).  \n- Who decides: the CEO controls issuance, cancellation, data disclosure decisions (subject to statutory limits) and may delegate functions; the Commissioner of Police authorises certain disclosures to police or law‑enforcement officials (ss 7, 10, 14, 15, 18–19).  \n- Behavioural change required of citizens: applicants must present identity and residency evidence, and supply photographs/signatures unless exempted (ss 5–6). Cardholders must comply with return or notification directions where cards are cancelled or lost (s 10(2)–(3)).  \n- Compliance burden: documentary checks, fees, and potential requirement to notify changes of address or card loss are imposed on applicants and cardholders (ss 5, 10, regs under s 24(2)(e)–(f)). Card producers and staff face strict reproduction prohibitions (s 17(4)).  \n- Bureaucratic discretion and oversight risk: many operational details are left to the CEO and to regulation (e.g. form of card, automated system requirements, prescribed persons/purposes) (ss 8, 12A, 24). This concentrates practical control in the executive and increases the importance of regulatory safeguards and procurement oversight.  \n- Privacy vs operational utility trade‑off: the Act narrows compelled disclosure in civil cases (s 17A) yet permits wide operational disclosure to law enforcement and to entities connected through intergovernmental face‑matching services (ss 14–15, 17B). That combination increases operational capability for identity matching while raising potential privacy and reputational risks if disclosures are misused or breached.  \n- Effects on private enterprise and markets: the Act allows the CEO to contract or otherwise authorise other bodies, including private entities, to perform functions and receive photographs/photo card data (s 20(1)–(6)). That can create commercial opportunities for card production, data‑hosting and face‑matching service vendors, and gives those vendors potential access to sensitive data subject to statutory limits and contractual terms.  \n- Concentrated benefits and diffuse costs: benefits (access for agencies to identify people, vendor revenues from contracts) are relatively concentrated; costs (privacy risk, administrative friction for citizens) are dispersed across the population.  \n\n\nPractical checks to watch\n\n- Regulations and prescribed classes are central to how broadly data may be shared and what automated systems are allowed — the details will determine operational risk (s 12A, s 24).  \n- Delegations and agreements let non‑government parties handle data and functions; procurement controls and contract terms will govern actual protection of personal information (ss 18, 20, 20(5)).  \n- Reporting and tabling obligations (ss 17B–17C) create transparency mechanisms, but their effectiveness depends on the content of reports and on whether those reports are scrutinised.  \n\n\nSections of special interest for further review\n\n- Data sharing, automated access and face‑matching: ss 12, 12A, 14–15, 17B;  \n- Limits on compelled disclosure: s 17A;  \n- Delegation and outsourcing: ss 18–20;  \n- Offences and reproduction/possession limits: ss 11, 17.\n\n\nOfficial purpose claim\n\n- The Act states its purpose is to provide for the issue of a Western Australian Photo Card and related purposes (short title and opening text). The operational effect (beyond issuing cards) now includes participation in identity‑matching services and regulated data sharing with law‑enforcement and prescribed entities (see ss 12–16, 17B)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2014 Act was a straightforward photo ID card scheme. However, the 2022 amendments (Transport Legislation Amendment (Identity Matching Services) Act 2022) significantly expanded the scope by integrating WA into the national Face Matching Services and Intergovernmental Agreement on Identity Matching Services. This transformed a simple state ID card system into a component of national facial recognition infrastructure, adding complex data sharing provisions with Commonwealth, other states/territories, ASIO, and law enforcement agencies. The amendments added sections 12, 12A, 14A, 17A, 17B, and 17C, fundamentally altering the privacy and information management framework from a state-based system to a national identity matching node."},"complexity_factors":["Multiple defined terms (24 defined terms in section 3 and Part 3)","Cross-references to related Acts (Road Traffic Act and others)","Nested conditional logic in disclosure provisions (sections 14-17B)","Integration with intergovernmental agreement (National Driver Licence Facial Recognition Solution/Face Matching Services)","Multiple exceptions and limitations on information disclosure","Specific exclusions from legal process (section 17A regarding subpoenas)","Automated system provisions with regulatory dependencies (section 12A)","Dual penalty structures (fines vs imprisonment) varying by offence severity","Delegation chains involving CEO, Commissioner of Police, and external entities"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a government-issued photo ID card for people in Western Australia who don't have a driver's licence. It's essentially a voluntary identity document that proves who you are and where you live.\n\n**Who can get one:**\n- People aged 16 or older\n- People who normally live in Western Australia\n- You apply to the government (the Department's CEO), provide proof of identity, a photo, and a signature (though you can reuse ones from the last 10 years if you have them), and pay a fee\n\n**What the card contains:**\n- Your photo, name, date of birth, and signature\n- Optionally, your home address\n- An expiry date\n\n**Key rules:**\n- You can't apply for a new card more than 6 months before your current one expires (unless you need a replacement)\n- The government can cancel your card if you no longer qualify, gave false information, or your payment bounced\n- It's illegal to forge the card, lend it to someone else, or possess a fake one\n\n**Privacy and data sharing (the complex part):**\nThe Act sets up strict rules about your photo and personal information:\n- The government keeps a register of cardholders\n- Your photo and signature (called \"identifying information\") are protected heavily\n- Police and ASIO (Australia's security agency) can access your photo for their work\n- Other law enforcement agencies can get photos with Police Commissioner approval\n- Information can be shared with other government bodies for specific legal purposes\n- There's a special automated system for sharing identity data with other states and territories under a national agreement\n- Your information generally can't be forced out in court cases (subpoenas), except for serious crime proceedings\n- The Minister must report annually on what identity data was shared and any security breaches\n\n**Why it matters:**\nThis gives people without driver's licences (young people, elderly, those with disabilities, people who don't drive) a standard way to prove their identity for banking, employment, or accessing services. However, it also creates a significant government database of photos and personal information with broad but controlled sharing powers for law enforcement and national security purposes."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope of the Act changed from its original intent, as no legislative text was retrievable from the provided source. The page returned a broken link error due to website system upgrades."},"complexity_factors":["No legislative text was available for analysis — the source URL returned an error page rather than actual legislation","Complexity cannot be meaningfully assessed without the statutory text","Score of 1 reflects absence of content, not simplicity of the underlying Act"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe page for the Western Australian Photo Card Act 2014 is currently unavailable — the link appears to be broken due to system upgrades on the Western Australian legislation website. No actual legislative text was provided for analysis.\n\n**What we do know about this Act in general terms:** The Western Australian Photo Card Act 2014 established a scheme allowing Western Australians who do not hold a driver's licence to obtain an official government-issued photo identification card. This is particularly useful for people who don't drive but still need recognised photo ID for everyday purposes (like proving their identity at a bank, venue, or government agency).\n\n**To access the actual legislation**, visit the Parliamentary Counsel's Office website directly at www.legislation.wa.gov.au and search for \"Photo Card Act 2014\"."}},"importantCases":[],"_links":{"self":"/api/acts/western-australian-photo-card-act-2014","history":"/api/acts/western-australian-photo-card-act-2014/history","analysis":"/api/acts/western-australian-photo-card-act-2014/analysis","conflicts":"/api/acts/western-australian-photo-card-act-2014/conflicts","importantCases":"/api/acts/western-australian-photo-card-act-2014/important-cases","documents":"/api/acts/western-australian-photo-card-act-2014/documents"}}