57Simplified outline of this Chapter

57 Simplified outline of this Chapter

The Australian Government Digital ID System is overseen and maintained by the Digital ID Regulator. To participate in the Australian Government Digital ID System, an entity must meet certain criteria, including being either an accredited entity or a relying party and holding an approval from the Digital ID Regulator to participate.

Only certain kinds of accredited entities and relying parties can apply to the Digital ID Regulator to participate, and specified criteria must be met before the Digital ID Regulator gives an approval. If a relying party holds an approval, it is known as a participating relying party.

An entity’s approval to participate in the Australian Government Digital ID System is subject to conditions. Some conditions are imposed by the Act and others may be imposed by the Digital ID Regulator or the Digital ID Rules. Conditions may include requirements relating to the kinds of attributes of individuals an entity is authorised to collect or disclose, or that it must not collect.

The conditions imposed by the Digital ID Regulator on an entity’s approval to participate, and the entity’s approval itself, can be varied or revoked. An entity’s approval to participate in the Australian Government Digital ID System can also be suspended.

The Minister may give directions to the Digital ID Regulator regarding the approval of an entity to participate in the Australian Government Digital ID System if, for reasons of security, the Minister considers it appropriate to do so. The Digital ID Regulator must comply with such directions.

A participating relying party must not, as a condition of providing a service or access to a service, require an individual to create or use a digital ID. There are some exceptions to this, including if the relying party holds an exemption granted by the Digital ID Regulator.

The Digital ID Rules may make provision in relation to the following:

(a) notifying and managing incidents that have occurred, or are reasonably suspected of having occurred, in relation to the Australian Government Digital ID System;

(b) requirements relating to interoperability;

(c) a redress framework for incidents that occur in relation to accredited services of accredited entities that are provided within the Australian Government Digital ID System.

A statutory contract is taken to be in force between entities participating in the Australian Government Digital ID System. An entity that is party to the contract may apply to the Federal Circuit and Family Court of Australia (Division 2) if the entity has suffered, or is likely to suffer, loss or damage as a result of a breach of this statutory contract.