Turn the raw legal text into a practical explanation grounded in Security of Critical Infrastructure (Critical infrastructure risk management program) Rules (LIN 23/006) 2023.
Act means the Security of Critical Infrastructure Act 2018.
AusCheck Act means the AusCheck Act 2007.
AusCheck Regulations means the AusCheck Regulations 2017.
background check means a background check under the AusCheck Act.
CI asset means a critical infrastructure asset.
CIRMP is short for critical infrastructure risk management program.
CIRMP criminal record has the same meaning as defined in the AusCheck Regulations.
criminal history criteria means the assessment of:
(a) whether the person has a CIRMP criminal record; and
(b) the nature of the offence.
cyber and information security hazard includes where a person, whether authorised or not:
(a) improperly accesses or misuses information or computer systems about or related to the CI asset; or
(b) uses a computer system to obtain unauthorised control of, or access to the CI asset that might impair its proper functioning.
designated hospital means a critical hospital mentioned in Schedule 1.
major supplier means any vendor that by nature of the product or service they offer, has a significant influence over the security of a responsible entity’s CI asset.
natural hazard includes fire, flood, cyclone, storm, heatwave, earthquake, tsunami, space weather or biological health hazard (such as a pandemic).
personnel hazard includes where a critical worker acts, through malice or negligence:
(a) to compromise the proper function of the asset; or
(b) to cause significant damage to the asset.
physical security hazard includes the unauthorised access to, interference with, or control of CI assets, to compromise the proper function of the asset or cause significant damage to the asset.
Secretary has the same meaning as defined in the AusCheck Act.
supply chain hazard includes malicious people both internal and external exploiting, misusing, accessing or disrupting the supply chain and over-reliance on particular suppliers.
4 Application of Part 2A of the Act
(1) For paragraph 30AB(1)(a) of the Act, each of the following is specified:
(a) a critical broadcasting asset;
(b) a critical domain name system;
(c) a critical data storage or processing asset;
(d) a critical electricity asset;
(e) a critical energy market operator asset;
(f) a critical gas asset;
(g) a designated hospital;
(h) a critical food and grocery asset;
(i) a critical freight infrastructure asset;
(j) a critical freight services asset;
(k) a critical liquid fuel asset;
(l) a critical financial market infrastructure asset mentioned in paragraph 12D(1)(i) of the Act;
(m) a critical water asset.
Note A data storage system that satisfies all of the requirements under subsection 9(7) of the Act in respect of a critical infrastructure asset specified in subsection (1) is taken to be part of the critical infrastructure asset.
(2) For subsection 30AB(3) of the Act, Part 2A of the Act does not apply to a CI asset mentioned in subsection 4(1) during the period beginning when the asset became a CI asset and ending the later of:
(a) 6 months after the commencement of this instrument; and
(b) 6 months after the asset became a CI asset.
(3) The requirements specified in this instrument for paragraph 30AH(1)(c), and subsections 30AKA(1), (3) and (5) of the Act, apply to a CI asset:
(a) that is:
(i) specified in subsection 4(1); and
(ii) not specified in another instrument for paragraph 30AB(1)(a) of the Act; or
(b) referred to in paragraph 30AB(1)(b) of the Act.
Compliance with Part 2A obligations through other instruments
(4) Part 2 of this instrument does not apply in relation to a CI asset specified in subsection 4(1) (CIRMP Rule asset) if:
(a) an entity is the responsible entity for the CIRMP Rule asset; and
(b) that entity is also the responsible entity for a CI asset specified in another instrument for the purposes of paragraph 30AB(1)(a) of the Act (other asset); and
(c) a CIRMP that applies to the entity for the CIRMP Rule asset complies with the requirements specified for paragraph 30AH(1)(c) in the other instrument relating to the other asset (as if those requirements relate to the CIRMP Rule asset); and
(d) the entity complies with the requirements specified for subsections 30AKA(1),(3) and (5) in the other instrument (as if those requirements relate to the CIRMP Rule asset).
Note: Example An entity is a responsible entity for 2 assets—a critical broadcasting asset and a relevant critical infrastructure asset. The relevant critical infrastructure asset is specified in another instrument. The entity applies the requirements in the other instrument to its critical broadcasting asset as if the critical broadcasting asset is a relevant critical infrastructure asset. If the entity complies with the requirements in the other instrument for both assets, it is taken to have complied with the requirements in this instrument.
5 Relevant Commonwealth Regulator
For subparagraph (b)(ii) of the definition of relevant Commonwealth regulator in section 5 of the Act, the Reserve Bank of Australia is specified for a critical financial market infrastructure asset mentioned in paragraph 12D(1)(i) of the Act.
Part 2 Requirements for a critical infrastructure risk management program
6 Material risk
For subsection 30AH(8) of the Act, material risk includes:
(a) a stoppage or major slowdown of the CI asset’s function for an unmanageable period;
(b) a substantive loss of access to, or deliberate or accidental manipulation of, a critical component of the CI asset;
Example The position, navigation and timing systems affecting provision of service or functioning of the asset.
(c) an interference with the CI asset’s operational technology or information communication technology essential to the functioning of the asset;
Example A Supervisory Control and Data Acquisition (SCADA) system.
(d) the storage, transmission or processing of sensitive operational information outside Australia, which includes:
(i) layout diagrams;
(ii) schematics;
(iii) geospatial information;
(iv) configuration information;
(v) operational constraints or tolerances information;
(vi) data that a reasonable person would consider to be confidential or sensitive about the asset;
(e) remote access to operational control or operational monitoring systems of the CI asset;
(f) impact to the availability, integrity, reliability or confidentiality of the data storage system holding business critical data.
7 General—all hazards
(1) For paragraph 30AH(1)(c) of the Act, a responsible entity must establish and maintain a process or system in the entity’s CIRMP:
(a) to identify the operational context of the CI asset; and
(b) to identify the material risks to the CI asset; and
(c) as far as it is reasonably practicable to do so:
(i) to minimise or eliminate the material risks, which may include those mentioned in section 6; and
(ii) to mitigate the relevant impact of each hazard on the CI asset; and
(d) to review the CIRMP to ensure compliance with section 30AE of the Act; and
(e) to keep the CIRMP current to ensure it complies with section 30AF of the Act.
(2) For subsections 30AKA(1), (3) and (5) of the Act, a responsible entity must have regard to whether the entity’s CIRMP:
(a) describes the outcome of the process or system mentioned in paragraph (1)(a);
(b) describes interdependencies between the entity’s CI asset and other CI assets;
(c) identifies each position within the entity:
(i) that is responsible for developing and implementing the CIRMP; and
(ii) for the processes mentioned in paragraph (1)(d)—that is responsible for reviewing the CIRMP or keeping the CIRMP up to date;
(d) contains the contact details for the positions described under paragraph (c);
(e) contains a risk management methodology;
(f) describes the circumstances in which the entity will review the CIRMP.
8 Cyber and information security hazards
(1) For paragraph 30AH(1)(c) of the Act, subsections (2) and (3) specify requirements for cyber and information security hazards.
(2) A responsible entity must establish and maintain a process or system in the CIRMP to—as far as it is reasonably practicable to do so:
(a) minimise or eliminate any material risk of a cyber and information security hazard occurring; and
(b) mitigate the relevant impact of a cyber and information security hazard on the CI asset.
(3) Within 12 months after the end of the applicable period mentioned in subsection 4(2), a responsible entity must comply with subsection (4) or (5).
(4) A responsible entity must establish and maintain a process or system in the CIRMP to:
(a) comply with a framework contained in a document mentioned in the following table as in force from time to time; and
(b) meet any conditions mentioned in the table for the document.
Item
Document
Condition
1
Australian Standard AS ISO/IEC 27001:2015
2
Essential Eight Maturity Model published by the Australian Signals Directorate
Meet maturity level one as indicated in the document
3
Framework for Improving Critical Infrastructure Cybersecurity published by the National Institute of Standards and Technology of the United States of America
4
Cybersecurity Capability Maturity Model published by the Department of Energy of the United States of America
Meet Maturity Indicator Level 1 as indicated in the document
5
The 2020‑21 AESCSF Framework Core published by Australian Energy Market Operator Limited (ACN 072 010 327)
Meet Security Profile 1 as indicated in the document
Note Sections 30AN and 30ANA of the Act provide for the incorporation of the documents mentioned in this subsection as in force from time to time.
(5) A responsible entity must establish and maintain a process or system in the entity’s CIRMP to comply with a framework that is equivalent to a framework in a document mentioned in subsection (4), including any conditions.
(6) For subsections 30AKA(1), (3) and (5) of the Act, a responsible entity must have regard to whether the entity’s CIRMP describes the cyber and information security hazards that could have a relevant impact on the asset.
9 Personnel hazards
(1) For paragraph 30AH(1)(c) of the Act, for personnel hazards, a responsible entity must establish and maintain a process or system in the entity’s CIRMP:
(a) to identify the entity’s critical workers; and
(b) to permit a critical worker access to critical components of the CI asset only where the critical worker has been assessed to be suitable to have such access; and
(c) as far as it is reasonably practicable to do so—to minimise or eliminate the following material risks:
(i) arising from malicious or negligent employees or contractors; and
(ii) arising from the off-boarding process for outgoing employees and contractors.
(2) For paragraph (1)(b) and paragraph 30AH(4)(a) of the Act, the process or system for assessing the suitability of a critical worker may be a background check conducted under the AusCheck scheme.
Note Responsible entities are not required to use the AusCheck scheme to assess the suitability of critical workers. It is open for responsible entities to use other measures to assess the suitability of critical workers. That process or system must be included in the CIRMP.
(3) If a CIRMP permits a background check to be conducted under subsection (2), the background check must include assessment of information relating to the matters mentioned in paragraphs 5(a), (b), (c) and (d) of the AusCheck Act; and
(a) for paragraph 30AH(4)(c) of the Act—the criteria against which the information must be assessed are the criminal history criteria; and
(b) for paragraph 30AH(4)(d) of the Act—the assessment must consist of both an electronic identity verification check and an in person identity verification check.
(4) A responsible entity must notify the Secretary if a background check is no longer required for a critical worker.
(5) In making a suitability assessment mentioned in paragraph (1)(b), a responsible entity must consider the following:
(a) any advice from the Secretary under the following provisions of the AusCheck Regulations:
(i) paragraph 21DA(2)(a);
(ii) paragraph 21DA(2)(b);
(iii) subsection 21DA(4);
(iv) subsection 21DA(5); and
(b) whether permitting a critical worker to have access to critical components of the CI asset would be prejudicial to security; and
(c) any other information that may affect the person’s suitability to have access to the critical components of the CI asset.
Note A responsible entity may be required to inform the Secretary of a decision to grant or revoke access to a critical infrastructure asset, in certain circumstances—see AusCheck Regulations, section 21ZA.
(6) For subsections 30AKA(1), (3) and (5) of the Act, a responsible entity must have regard:
(a) to whether the CIRMP lists the entity’s critical workers; and
(b) to whether the CIRMP describes the personnel risks, the occurrence of which could have a relevant impact on the asset.
10 Supply chain hazards
(1) For paragraph 30AH(1)(c) of the Act, for supply chain hazards, a responsible entity must establish and maintain in the entity’s CIRMP a process or system to:
(a) as far as it is reasonably practicable to do so—minimise or eliminate the following material risks:
(i) unauthorised access, interference or exploitation of the asset’s supply chain; and
(ii) misuse of privileged access to the asset by any provider in the supply chain; and
(iii) disruption of the asset due to an issue in the supply chain; and
(iv) arising from threats to people, assets, equipment, products, services, distribution and intellectual property within supply chains; and
(v) arising from major suppliers; and
(vi) any failure or lowered capacity of other assets and entities in the entity’s supply chain; and
(b) as far as it is reasonably practicable to do so—mitigate the relevant impact of a supply chain hazard on the asset.
(2) For subsections 30AKA(1), (3) and (5) of the Act, a responsible entity must have regard:
(a) to whether the CIRMP lists the entity’s major suppliers; and
(b) to whether the CIRMP describes the supply chain hazards, which could have a relevant impact on the asset.
11 Physical security hazards and natural hazards
(1) For paragraph 30AH(1)(c) of the Act, for physical security hazards and natural hazards, a responsible entity must establish and maintain a process or system in the entity’s CIRMP:
(a) to identify the physical critical components of the CI asset; and
(b) as far as it is reasonably practicable to do so—to minimise or eliminate a material risk, and mitigate a relevant impact, of:
(i) a physical security hazard on a physical critical component; and
(ii) a natural hazard on the CI asset; and
(c) to respond to incidents where unauthorised access to a physical critical component occurs; and
(d) to control access to physical critical components, including restricting access to only those individuals who are critical workers or accompanied visitors; and
(e) to test that security arrangements for the asset are effective and appropriate to detect, delay, deter, respond to and recover from a breach in the arrangements.
(2) For subsections 30AKA(1), (3) and (5) of the Act, a responsible entity must have regard to whether:
(a) the asset’s critical components are described in the CIRMP; and
(b) the physical security hazards, the occurrence of which could have a relevant impact on a physical critical component, are described in the CIRMP; and
(c) the security arrangements for the asset are described in the CIRMP; and
(d) the CIRMP describes the natural hazards, the occurrence of which could have a relevant impact on the physical critical component.
Schedule 1—Designated hospitals
(section 3)
A designated hospital means a critical hospital mentioned in an item in the following table located in the State or Territory mentioned in the item.
Item
Hospital
State or Territory
1
Bankstown-Lidcombe HospitalBlacktown HospitalCalvary Mater NewcastleCampbelltown HospitalChildren's Hospital WestmeadCoffs Harbour Health CampusConcord Repatriation General HospitalDubbo Base HospitalGosford HospitalHornsby Ku-Ring-Gai HospitalJohn Hunter HospitalLake Macquarie Private HospitalLismore Base HospitalLiverpool HospitalNepean HospitalNorthern Beaches HospitalNorthern Beaches HospitalOrange Base HospitalPort Macquarie Base HospitalPrince of Wales HospitalRoyal North Shore HospitalRoyal Prince Alfred HospitalSt George HospitalSt Vincent's Hospital (Darlinghurst)Sydney Children's HospitalTamworth HospitalThe Sutherland HospitalThe Tweed HospitalWagga Wagga Base HospitalWestmead HospitalWollongong Hospital
New South Wales
2
Austin Hospital – Austin HealthBox Hill Hospital – Eastern HealthCabrini MalvernDandenong Hospital – Monash HealthFrankston Hospital – Peninsula HealthKnox Private HospitalMonash Children’s Hospital – Monash HealthMonash Medical Centre (Clayton) – Monash HealthNorthern Hospital – Northern HealthRoyal Melbourne Hospital – Melbourne HealthSt Vincent’s Hospital (Melbourne) LimitedThe Alfred – Alfred HealthThe Royal Children's HospitalThe Royal Women's HospitalUniversity Hospital (Geelong) – Barwon Health
Victoria
3
Bundaberg Base HospitalCaboolture HospitalCairns Base HospitalGold Coast University HospitalGreenslopes Private HospitalHervey Bay HospitalIpswich HospitalLogan HospitalMackay Base HospitalMater Adult HospitalMater Hospital BrisbanePrincess Alexandra HospitalQueen Elizabeth II Jubilee HospitalQueensland Children's HospitalRedcliffe HospitalRobina HospitalRockhampton HospitalRoyal Brisbane & Women's HospitalSunshine Coast Public University HospitalThe Prince Charles HospitalThe Wesley HospitalToowoomba HospitalTownsville University Hospital
Queensland
4
Armadale HospitalBunbury Regional HospitalFiona Stanley HospitalHollywood Private HospitalJoondalup Health CampusJoondalup Health CampusKing Edward Memorial HospitalPerth's Children’s HospitalRockingham General HospitalRoyal Perth HospitalSir Charles Gairdner HospitalSt John of God Midland Public Hospital
Western Australia
5
Calvary Hospital AdelaideFlinders Medical CentreLyell McEwin HospitalRoyal Adelaide HospitalThe Queen Elizabeth HospitalWomen's and Children's Hospital