21XExemptions

21X Exemptions

(1) This section applies if, for the purposes of an identity verification check under section 21V or 21W, an individual for whom a CIRMP permits a background check to be conducted is unable: (a) for an electronic identity verification check—to provide details of a Category A identification document or a Category B identification document, being details AusCheck can use to verify electronically the individual’s identity for the purposes of a background check; or (b) for an in person identity verification check—either: (i) to provide a Category A identification document; or (ii) to attend the identity verification check in person. (2) The individual, or the responsible entity in relation to whom the CIRMP applies, may apply to the Secretary for an exemption from whichever of the following requirements applies: (a) to provide details of a Category A identification document or details of a Category B identification document; (b) to provide a Category A identification document; (c) to attend the identity verification check in person. Requirements for application (3) The application must: (a) be made electronically; and (b) set out which of the requirements mentioned in subsection (2) the individual is unable to satisfy; and (c) set out the reasons why the individual is unable to satisfy those requirements; and (d) if the application is for an exemption from the requirement to attend an identity verification check in person—be accompanied by the following: (i) a photograph of the individual (taken no more than one month before the date of the application) showing the individual’s full face and the individual’s head and shoulders; (ii) copies of the identification documents required under subsection 21W(2) or (3) that are certified in accordance with subsection (4) of this section; and (e) include any other information that may assist the Secretary in making a decision about whether to grant an exemption in relation to the individual. Certification of documents (4) For the purposes of subparagraph (3)(d)(ii), a copy of an identification document must be certified, in writing, by a person prescribed by section 7 of the Statutory Declarations Regulations 2018, to be a true copy of the original identification document. Matters to be considered (5) In making a decision under this section in relation to the individual, the Secretary must consider the following matters: (a) the reasons set out in the application under paragraph (3)(c); (b) any other information provided under paragraph (3)(e). Requirement for further information (6) If the Secretary requires further information to consider the application, the Secretary may request the applicant to give the further information within 30 days after receiving the request. When decision must be made (7) The Secretary must, in writing and within 30 days after receiving the application or, if further information is requested, within 30 days after receiving the further information in accordance with subsection (6): (a) do either of the following: (i) grant the exemption in relation to the individual; (ii) refuse to grant the exemption in relation to the individual; and (b) notify the applicant of the decision; and (c) if the decision is a refusal—notify the applicant of the reasons for the refusal. (8) The Secretary is taken to have refused to grant the exemption if the Secretary has not made a decision on the application within the period mentioned in subsection (7).