Western Australian Photo Card Act 2014 (Western Australia)

The Western Australian Photo Card Act 2014 establishes the administrative and legal architecture for the Western Australian Photo Card, which acts as an official, state-sanctioned identity document for individuals who do not hold a driver's licence. Mechanically, the Act creates a system where residents aged 16 and over can voluntarily submit their biometric data, including digital photographs and signatures, to the Chief Executive Officer (CEO) of the Department in exchange for a highly secure physical card. While the official rationale presents this as a service to improve social and economic inclusion for non-drivers, the Act operates as a powerful mechanism for centralized identity data collection and intergovernmental intelligence sharing.

Beyond the physical card, the Act establishes a digital registry (the Register) containing the cardholders' personal details, which is maintained by the Department under section 13. Crucially, following legislative overhauls, this database does not operate in isolation. The Act provides the legislative gateway for Western Australian citizen biometrics to be integrated into national surveillance and identity-matching systems, specifically the National Driver Licence Facial Recognition Solution. Under Part 3 of the Act, the CEO is empowered to disclose highly sensitive identifying information, including raw digital photographs and signatures, to state and federal police, the Australian Security Intelligence Organisation (ASIO), and other authorised law enforcement bodies.

The Act also allows the CEO to delegate administrative powers to public or private third parties under section 18 and section 20, enabling private enterprise to operate as agents of the state in collecting biometric data and issuing cards. This outsourcing capability shift creates a complex compliance environment where private contractors handle highly restricted public registry data under strict criminal penalties for unauthorised disclosure or possession.

CrestWestern Australia

Western Australian Photo Card Act 2014

Western Australia

Western Australian Photo Card Act 2014

Contents

Part 1 — Preliminary

Short title 1
Commencement 1
Terms used 1

Part 2 — Western Australian Photo Card

Eligibility for photo card 3
Application for photo card 3
Provision of photograph and signature 3
Issue of photo card 4
Form and content of photo card 5
Duration of photo card 5
Cancellation of photo card 5
Other offences relating to photo cards 6

Part 3 — Information management

Terms used 7

12A. Disclosure by means of automated system 7

Register 8
Disclosure of identifying information or photo card information to prescribed person 8

14A. Disclosure of identifying information or photo card information with consent 10

Disclosure of photographs to police, ASIO and law enforcement officials 10
Disclosure of photographs to executor or administrator 11
Possession and reproduction of photographs and signatures 11

17A. No subpoena or order for disclosure of identifying information 12

17B. Annual report in relation to identifying information 12

17C. Tabling amendments to intergovernmental agreement 13

Part 4 — Administration

Delegation of functions of CEO 14
Delegation of functions of Commissioner of Police 14
Agreements for performance of functions 15

Part 5 — Other matters

Confidentiality of information 17
Protection from liability for wrongdoing 17
Proceedings for offences 18
Regulations 18

Notes

Compilation table 20

Defined terms

Western Australia

Western Australian Photo Card Act 2014

An Act to provide for the issue of a document known as a Western Australian Photo Card and for related purposes.

The Parliament of Western Australia enacts as follows:

Part 1 — Preliminary

1. Short title

This is the Western Australian Photo Card Act 2014.

2. Commencement

This Act comes into operation as follows —

(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent;

(b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

3. Terms used

In this Act, unless the contrary intention appears —

applicant means a person who makes an application under section 5;

cardholder, in relation to a photo card, means the person to whom the card is issued;

CEO means the chief executive officer of the Department;

Commissioner of Police means the person holding or acting in the office of Commissioner of Police under the Police Act 1892;

Department means the department of the Public Service principally assisting in the administration of this Act;

destroyed includes damaged so as to be unusable;

disclose includes to provide, to release and to give access to;

eligible person means a person who is eligible under section 4 for the issue of a Western Australian Photo Card;

expiry day, in relation to a photo card, means the last day of the period for which the photo card is current;

photo 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;

photo 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;

photograph includes an electronic record of a photograph;

prescribed means prescribed by the regulations;

related Act means —

(a) the Road Traffic (Authorisation to Drive) Act 2008; or

(b) a prescribed Act;

signature includes an electronic record of a signature.

[Section 3 amended: No. 8 of 2022 s. 14.]

Part 2 — Western Australian Photo Card

4. Eligibility for photo card

A person is eligible for the issue of a Western Australian Photo Card if the person —

(a) is ordinarily resident in the State; and

(b) has reached 16 years of age; and

5. Application for photo card

(1) A person may apply in writing to the CEO for the issue of a Western Australian Photo Card.

(2) The application must be made in a form approved by the CEO.

(3) The application must be accompanied by —

(a) such evidence as the CEO requires to satisfy the CEO of the applicant’s eligibility, identity and residential address; and

(b) where relevant, a photograph and a signature in accordance with section 6; and

(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.

(5) Subsection (4) does not apply to an application for a replacement or additional card issued in accordance with the regulations.

6. Provision of photograph and signature

(1) An applicant must provide to the CEO, for use on the photo card —

(a) unless subsection (3) applies, a photograph of the applicant; and

(b) unless subsection (4) applies, the applicant’s signature.

(2) The photograph and signature are to be provided in a manner and form approved by the CEO.

(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.

(4) An applicant does not have to provide a signature under subsection (1) if —

(a) the person is unable to sign because of a permanent disability; or

(b) within the period of 10 years before the application, the applicant has provided a signature under this Act or a related Act.

(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.

[Section 6 amended: No. 8 of 2022 s. 15.]

7. Issue of photo card

The CEO may issue a Western Australian Photo Card to an applicant if —

(a) the CEO is satisfied that the applicant is an eligible person; and

(b) the applicant has —

(i) provided the evidence referred to in section 5(3)(a); and

(ii) complied with section 6 in relation to the provision of a photograph and signature; and

(iii) paid the fee referred to in section 5(3)(c).

8. Form and content of photo card

(1) A photo card must be in a form approved by the CEO.

(2) A photo card must contain the following —

(a) the cardholder’s photograph;

(b) the cardholder’s name;

(d) if the cardholder so chooses, the cardholder’s residential address;

(e) the cardholder’s signature, unless section 6(4)(a) applies;

(f) the expiry day of the card.

9. Duration of photo card

A photo card is current for the period prescribed, or provided for, by the regulations.

10. Cancellation of photo card

(1) The CEO may, by written notice given to the cardholder, cancel a photo card —

(a) if the CEO considers that the cardholder is no longer an eligible person; or

(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

(d) on such other grounds (if any) as are prescribed.

(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 —

(a) to return the photo card to the CEO in the manner specified in the notice; or

(b) to notify the CEO in writing that the photo card has been stolen, lost or destroyed.

(3) A person must comply with a direction given under subsection (2).

Penalty for this subsection: a fine of $2 500.

[Section 10 amended: No. 8 of 2022 s. 16.]

11. Other offences relating to photo cards

(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.

Penalty for this subsection: a fine of $2 500.

(2) A person must not forge or fraudulently alter a photo card.

Penalty for this subsection: a fine of $2 500.

(3) A person must not use a forged or fraudulently altered photo card, or a photo card to which the person is not entitled.

Penalty for this subsection: a fine of $2 500.

(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.

Penalty for this subsection: a fine of $2 500.

(5) A person must not lend a photo card to, or allow a photo card to be used by, another person.

Penalty for this subsection: a fine of $2 500.

[Section 11 amended: No. 8 of 2022 s. 17.]

Part 3 — Information management

12. Terms used

(1) In this Part —

identifying information means —

(a) a photograph of a person provided to or used by the CEO under this Act; or

(b) a signature of a person provided to or used by the CEO under this Act; or

intergovernmental 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.

(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).

[Section 12 inserted: No. 8 of 2022 s. 18.]

12A. Disclosure by means of automated system

(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.

(2) The automated system must comply with any requirements set out in the regulations.

(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.

[Section 12A inserted: No. 8 of 2022 s. 18.]

13. Register

(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 —

(a) the cardholder’s name;

(b) the cardholder’s date of birth;

(d) the first day of the period for which the card is current;

(e) the expiry day of the card;

(f) if the card has been cancelled under section 10, the date of cancellation;

(g) whether a replacement or additional card has been issued to the cardholder;

(h) any other information the CEO considers appropriate.

(2) The register may be kept in such form as the CEO thinks fit.

14. Disclosure of identifying information or photo card information to prescribed person

(1) In this section —

authorised purpose means —

(a) the purpose of performing functions under a written law or a law of the Commonwealth, another State or a Territory; or

(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

(d) in relation to identifying information —

(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

(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;

prescribed person means a person prescribed, or who falls within a class of persons prescribed, for the purposes of this definition.

(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.

(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 —

(a) a person to whom the information is disclosed under subsection (2);

(b) a person who is employed or engaged by a person to whom the information is disclosed under subsection (2).

Penalty for this subsection: imprisonment for 2 years or a fine of $24 000.

[Section 14 amended: No. 8 of 2022 s. 19.]

14A. Disclosure of identifying information or photo card information with consent

The CEO may disclose identifying information or photo card information to another person with the consent of the person to whom the information relates.

[Section 14A inserted: No. 8 of 2022 s. 20.]

15. Disclosure of photographs to police, ASIO and law enforcement officials

(1) In this section —

ASIO Act means the Australian Security Intelligence Organisation Act 1979 (Commonwealth);

ASIO official means —

(a) the Director‑General of Security; or

(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;

Director‑General of Security means the Director‑General of Security holding office under the ASIO Act;

law enforcement official means a person prescribed, or who falls within a class of persons prescribed, for the purposes of this section;

police official means —

(a) the Commissioner of Police; or

(b) a police officer who is authorised by the Commissioner of Police for the purposes of this section; or

(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.

(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.

(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.

(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.

[Section 15 amended: No. 8 of 2022 s. 21.]

16. Disclosure of photographs to executor or administrator

If 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.

[Section 16 amended: No. 8 of 2022 s. 22.]

17. Possession and reproduction of photographs and signatures

(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.

Penalty for this subsection: imprisonment for 2 years or a fine of $24 000.

(2) Subsection (1) does not apply to a person who possesses a photograph or signature as a result of its disclosure under this Part.

[(3) deleted]

(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 —

(a) reproduce, by any means, a photograph or signature provided to or used by the CEO under this Act; or

(b) cause or permit another person to do so.

Penalty for this subsection: imprisonment for 2 years or a fine of $24 000.

[Section 17 amended: No. 8 of 2022 s. 23.]

17A. No subpoena or order for disclosure of identifying information

Identifying 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 —

(a) the Criminal Organisations Control Act 2012;

(b) the Criminal Property Confiscation Act 2000;

[Section 17A inserted: No. 8 of 2022 s. 24.]

17B. Annual report in relation to identifying information

(1) In this section —

Entity has the meaning given in clause 3.1 of the intergovernmental agreement;

Face Matching Services has the meaning given in clause 3.1 of the intergovernmental agreement.

(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 —

(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;

(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;

(3) The report may form part of the annual report submitted to the Minister under the Financial Management Act 2006 section 63(2)(a).

(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.

[Section 17B inserted: No. 8 of 2022 s. 24.]

17C. Tabling amendments to intergovernmental agreement

If 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.

[Section 17C inserted: No. 8 of 2022 s. 24.]

Part 4 — Administration

18. Delegation of functions of CEO

(1) The CEO may delegate to a person any power or duty of the CEO under another provision of this Act.

(2) The delegation must be in writing signed by the CEO.

(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.

(4) An approval under subsection (3) may be given in respect of —

(a) a specified person or persons of a specified class; or

(b) the holder or holders for the time being of a specified office or class of office.

(5) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.

(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.

(7) Nothing in this section limits the ability of the CEO to perform a function through an officer or agent.

19. Delegation of functions of Commissioner of Police

(1) The Commissioner of Police may delegate a power or duty of the Commissioner under section 15 to any of the following —

(a) a specified police officer;

(b) a police officer of a specified class;

(c) a person who is employed in the department of the Public Service principally assisting in the administration of the Police Act 1892.

(2) The delegation must be in writing signed by the Commissioner of Police.

(3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.

(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.

(5) Nothing in this section limits the ability of the Commissioner of Police to perform a function through an officer or agent.

20. Agreements for performance of functions

(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.

(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.

(3) A function described in the agreement may be performed —

(a) in accordance with the agreement; and

(b) on and subject to terms and conditions in the agreement.

(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.

(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.

(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.

[Section 20 amended: No. 8 of 2022 s. 25.]

Part 5 — Other matters

21. Confidentiality of information

(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 —

(a) for a purpose related to the administration or enforcement of this Act; or

(b) as required or authorised under this Act or another written law; or

(d) in circumstances prescribed by the regulations.

Penalty for this subsection: imprisonment for one year or a fine of $12 000.

(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.

[Section 21 amended: No. 8 of 2022 s. 26.]

22. Protection from liability for wrongdoing

(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.

(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).

(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.

(4) In this section, a reference to the doing of anything includes a reference to an omission to do anything.

23. Proceedings for offences

(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 —

(a) the CEO; or

(b) a person authorised, or a person who falls within a class of persons authorised, in writing by the CEO to do so.

(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.

24. Regulations

(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.

(2) Without limiting subsection (1), the regulations may do one or more of the following —

(a) provide for the replacement of photo cards;

(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;

(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;

(e) provide for a cardholder to be required to notify the CEO if the cardholder’s photo card is damaged, stolen, lost or destroyed;

(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;

(g) prescribe fees payable in relation to any matter under this Act;

(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.

dline

Notes

This 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.

Compilation table

Short title	Number and year	Assent	Commencement
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)
Transport Legislation Amendment (Identity Matching Services) Act 2022 Pt. 4	8 of 2022	14 Apr 2022	15 Apr 2022 (see s. 2(b))

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

applicant 3

ASIO Act 15(1)

ASIO official 15(1)

authorised purpose 14(1)

cardholder 3

CEO 3

Commissioner of Police 3

current card 5(4)

Department 3

destroyed 3

Director-General of Security 15(1)

disclose 3

eligible person 3

Entity 17B(1)

expiry day 3

Face Matching Services 17B(1)

identifying information 12(1)

intergovernmental agreement 12(1)

law enforcement official 15(1)

photo card 3

photo card information 3

photograph 3

police official 15(1)

prescribed 3

prescribed person 14(1)

related Act 3

signature 3

Western Australia

Western Australian Photo Card Act 2014

Western Australia

Western Australian Photo Card Act 2014

Contents

Part 1 — Preliminary

Short title 1
Commencement 1
Terms used 1

Part 2 — Western Australian Photo Card

Eligibility for photo card 3
Application for photo card 3
Provision of photograph and signature 3
Issue of photo card 4
Form and content of photo card 5
Duration of photo card 5
Cancellation of photo card 5
Other offences relating to photo cards 6

Part 3 — Information management

Terms used 7

12A. Disclosure by means of automated system 7

Register 8
Disclosure of identifying information or photo card information to prescribed person 8

14A. Disclosure of identifying information or photo card information with consent 10

Disclosure of photographs to police, ASIO and law enforcement officials 10
Disclosure of photographs to executor or administrator 11
Possession and reproduction of photographs and signatures 11

17A. No subpoena or order for disclosure of identifying information 12

17B. Annual report in relation to identifying information 12

17C. Tabling amendments to intergovernmental agreement 13

Part 4 — Administration

Delegation of functions of CEO 14
Delegation of functions of Commissioner of Police 14
Agreements for performance of functions 15

Part 5 — Other matters

Confidentiality of information 17
Protection from liability for wrongdoing 17

To understand the regulatory scope of the Western Australian Photo Card Act 2014, several core statutory concepts must be analyzed:

Identifying information is defined under section 12(1) as a photograph or signature provided to or used by the CEO under the Act, along with any associated metadata designed to facilitate the identification of a person. This concept isolates the biometric assets of the individual from basic demographic text data, applying a more stringent tier of protection and control over these digital files.

Photo card information is defined in section 3 as general information about photo cards, including the demographic and administrative data held in the Register under section 13(1), such as names, dates of birth, residential addresses, and card status. It explicitly excludes raw photographs and signatures, establishing a two-tiered data classification system where text-based registry details are legally distinguished from high-value biometric images.

The intergovernmental agreement defined in section 12(1) refers specifically to the Intergovernmental Agreement on Identity Matching Services made between the Commonwealth, the States, and the Territories on 5 October 2017. This agreement underpins the legal transfer of state-held photo card data into federal biometric platforms.

Authorised purpose under section 14(1) outlines the permitted boundaries of data use. For general information, it covers the performance, administration, or enforcement of any written state, territory, or federal law. For biometric identifying information, the concept is tightly bound to developing, testing, and operating the National Driver Licence Facial Recognition Solution and related identity-matching programs.

An automated system under section 12A allows for the electronic disclosure of photographs, signatures, and associated information. This mechanism bypasses manual human review, allowing authorised external databases to automatically retrieve data and push real-time alerts regarding changes to cardholder files.

The Western Australian Photo Card Act 2014 directly impacts several distinct groups across both the public and private sectors:

Individual Applicants and Cardholders: These are residents of Western Australia aged 16 or older who do not possess a driver's licence or who choose to hold a photo card as an alternative identity document. To obtain the card, they must surrender their biometric data, pay prescribed fees, and subject themselves to ongoing monitoring within the state's identity registry.

The Department and the CEO: The CEO of the department principally assisting the Minister in administering the Act holds vast administrative power. This includes the discretion to issue, refuse, or cancel cards, manage the central Register, delegate powers, and authorise the automated disclosure of biometric data to external agencies.

Private Service Providers and Contractors: Under section 20, the CEO can enter into agreements with third-party corporate entities or local government bodies to execute the card-issuing process. This exposes these private entities, and their workforces, to strict statutory duties and severe criminal penalties if biometric assets are mishandled.

Law Enforcement and Intelligence Agencies: Under section 15, the Commissioner of Police, authorised WA Police officers, ASIO officials, and other prescribed interstate law enforcement agencies are direct consumers of the registry's data. They receive mandatory or discretionary access to photographs and signatures to perform their statutory functions.

Prescribed Persons: External agencies, government departments, or private entities designated under the regulations can access demographic and photo card information for authorised administrative and law enforcement purposes.

The Act balances several asymmetrical duties and rights, prioritizing state regulatory control over individual data autonomy:

Duties of Applicants and Cardholders: Under section 5, applicants must provide precise evidence of identity, residential address, and eligibility, along with a photograph and signature. Under section 10(3), if the CEO cancels a card, the cardholder is under a strict duty to return the physical card or provide written proof of its loss, theft, or destruction within the timeframe specified in the notice. Furthermore, individuals are under a constant duty not to provide false or misleading information to any officer performing functions under the Act, as per section 11(1).

Rights of Cardholders: Cardholders retain a limited degree of control over how their information is displayed and shared. Under section 8(2)(d), a cardholder has the right to choose whether their residential address is printed on the face of the physical photo card. Under section 14A, individuals have the right to consent to the voluntary disclosure of their identifying information or photo card information to third parties, which facilitates integration with commercial identity-verification providers.

Duties of the Department and the CEO: The CEO is legally mandated under section 13 to maintain an accurate and up-to-date Register of all photo cards. Under section 17B, the CEO has a strict statutory reporting duty to provide the Minister with an annual report detailing every external entity accessing the Face Matching Services, alongside any data breaches likely to result in serious harm to cardholders.

Limits on Civil Litigation Rights: Under section 17A, the Act strip litigants of the right to compel the disclosure of biometric identifying information via subpoena in standard civil proceedings, shielding the database from discovery processes in private commercial disputes.

The enforcement regime under the Act features severe criminal penalties, particularly targeting the misuse of biometric data and identity fraud:

Card-Related Offences: Section 11 imposes a standard maximum fine of $2,500 for low-level identity infractions. This includes providing false or misleading information (s 11(1)), forging or fraudulently altering a card (s 11(2)), using a forged card or one belonging to another person (s 11(3)), possessing a card or an article resembling one with an intent to deceive (s 11(4)), and lending a card to another person (s 11(5)). Failing to comply with a CEO direction to return a cancelled card under section 10(3) also carries a maximum fine of $2,500.

Biometric Data Misuse: The Act reserves its most severe penalties for data breaches and unauthorized possession of biometric information. Under section 14(3), any prescribed person or employee who uses photo card or identifying information for a purpose other than the authorised purpose for which it was shared faces a maximum penalty of 2 years' imprisonment or a fine of $24,000.

Under section 17(1), any person who possesses a raw digital photograph or signature used under the Act that is not on a physical photo card, without a lawful disclosure authorisation, faces 2 years' imprisonment or a $24,000 fine. Similarly, under section 17(4), card production staff or administrative officers who reproduce these biometric assets without explicit statutory authorization face an identical penalty of 2 years' imprisonment or a $24,000 fine.

General Confidentiality Breaches: Under section 21(1), any person engaged in the administration of the Act who unlawfully records, discloses, or makes use of information obtained under the Act faces a maximum penalty of 1 year of imprisonment or a fine of $12,000.

Under section 23, prosecutions for these offences can only be commenced by the CEO or an authorised delegate, and must be initiated within 2 years from the date of the alleged offence.

The Western Australian Photo Card Act 2014 functions as a statutory bridge between state transport administration, national security operations, and criminal law frameworks:

Road Traffic (Authorisation to Drive) Act 2008: The Act is closely aligned with WA's driver licensing framework. Section 6(3) and section 6(4)(b) allow the CEO to use photographs and signatures previously supplied under this "related Act" within the preceding 10 years, creating a unified biographical database across driving and non-driving residents.

Police Act 1892: Under section 15(2), the CEO must disclose photographs to WA Police officers for the performance of their duties under this Act and related police legislation. Furthermore, section 19 allows the Commissioner of Police to delegate their information-sharing powers under section 15 to officers or departmental staff employed under the Police Act 1892.

Australian Security Intelligence Organisation Act 1979 (Cth): Section 15(3) establishes a mandatory, non-discretionary duty on the CEO to disclose photographs to ASIO officials to support their intelligence and national security functions under federal law.

Civil Procedure Carve-Outs: Section 17A explicitly overrides general civil litigation disclosure rules. It bans the subpoena of identifying information in civil matters, except for proceedings under three specific pieces of public-safety legislation: the Criminal Organisations Control Act 2012, the Criminal Property Confiscation Act 2000, and the High Risk Serious Offenders Act 2020.

Financial Management Act 2006: The annual data-security and sharing report required of the CEO under section 17B can be integrated directly into the department's standard annual reporting processes governed by section 63(2)(a) of this Act.

The legislative history of the Western Australian Photo Card Act 2014 reveals a clear evolution from a localized identity service into a key node within Australia’s national security biometric network:

The Origin (2014): The principal Act, the Western Australian Photo Card Act 2014 (No. 1 of 2014), was passed on 26 February 2014. Sections 1 and 2 commenced on assent, and the remaining provisions were proclaimed into operation on 1 July 2014. At its inception, the Act served as a localized administrative tool to manage physical card distribution, registry tracking, and basic law enforcement access.

The Biometric Integration Overhaul (2022): The Act underwent its most significant transformation via the Transport Legislation Amendment (Identity Matching Services) Act 2022 (No. 8 of 2022), which commenced on 15 April 2022. This amendment reshaped the Act to facilitate national biometric data sharing.

Specifically, Part 4 of the 2022 amending Act inserted section 12 (introducing definitions for identifying information and the 2017 Intergovernmental Agreement), section 12A (authorising automated data disclosure and system alerts), section 14A (formalising disclosure via cardholder consent), and sections 17A, 17B, and 17C (implementing strict civil subpoena bans, annual reporting on Face Matching Services, and mandatory tabling of intergovernmental agreement amendments).

The 2022 amendments also modified existing sections, including sections 3, 6, 10, 11, 14, 15, 16, 17, 20, and 21, to increase maximum financial penalties and standardise custodial sentences for biometric data misuse across the statute.

As of the current compilation, there is an absence of reported appellate judicial decisions or landmark constitutional challenges directly interpreting the provisions of the Western Australian Photo Card Act 2014. This lack of litigation is a direct consequence of the Act's structural design and the administrative environment in which it operates.

First, the Act deals primarily with a voluntary administrative benefit, meaning individuals rarely have a financial incentive to litigate card denials through senior courts when they can simply reapply with better identity documentation.

Second, the potential for private civil litigation is heavily curtailed by section 22. This section grants broad statutory immunity from tort liability to any person performing, or purportedly performing, functions under the Act in good faith. This effectively bars common-law actions in tort, such as negligence or breach of statutory duty, against departmental staff, contractors, or police officers, shifting any residual liability away from both the individuals involved and the State.

Third, by prohibiting the subpoena of biometric identifying information in general civil proceedings under section 17A, the legislature has closed off the primary legal avenue through which this sensitive dataset could become the subject of discovery disputes or evidentiary challenges in commercial and family law litigation. Any litigation regarding database abuse is pushed into the criminal jurisdiction, where prosecutions are tightly controlled and can only be initiated under the strict authority of the CEO as set out in section 23.

For practitioners, compliance officers, and cardholders, several legal traps and administrative complexities lie within the text of the Act:

The "Raw Photo" Possession Trap: Under section 17(1), it is a serious criminal offence, carrying up to 2 years' imprisonment, to possess a photograph or signature provided to the CEO under the Act that is not on a physical photo card. While there is an exemption for information obtained via official disclosure, a cardholder or an external IT contractor who keeps a loose digital copy of the exact photo submitted to the Department on a local hard drive or server could technically face prosecution under this provision if they cannot establish a lawful administrative excuse.

Lending vs. Possessing: Section 11(5) makes it an offence to lend a photo card to, or allow it to be used by, another person, carrying a $2,500 fine. Unlike section 11(4), which penalises possession of an altered card or article resembling a card only when there is an "intent to deceive", the prohibition against lending is a strict conduct offence. There is no statutory "lawful excuse" or "lack of deceptive intent" defence written into section 11(5).

The 6-Month Renewal Lockout: Under section 5(4), cardholders are legally barred from applying for a new photo card earlier than 6 months before their current card's expiry date, unless they are applying for a replacement or additional card under the regulations. This creates a rigid operational barrier for individuals planning long-term travel or relocation who may require a fresh identity document well in advance of expiry.

Outsourced Subjective Judgements: Under section 20(4), if the CEO delegates functions to an external public or private body via an agreement, any function dependent on the "opinion, belief, or state of mind" of the CEO may be legally performed based on the subjective opinion, belief, or state of mind of the contractor. This significantly increases administrative risk, as private staff are given the latitude to make subjective judgements on eligibility or identification that carry the full force of law.

To ensure compliance with the Western Australian Photo Card Act 2014, different parties must follow specific protocols:

For Applicants and Cardholders

Verify Eligibility: Ensure you are ordinarily resident in Western Australia and have reached 16 years of age (s 4).
Document Identity: Prepare written proof of identity, residential address, and age to satisfy the CEO's evidentiary requirements under section 5(3)(a).
Manage Biometric Rollover: Check if you have provided a photograph or signature to the Department or Department of Transport within the last 10 years. If so, you may rely on section 6(3) or section 6(4)(b) to waive the requirement to provide new biometrics.
Address Isolation: Decide whether to display your residential address on the physical card. If you require address verification for some transactions but privacy for others, apply under the regulations (s 24(2)(b)) to hold two separate cards: one displaying the address and one omitting it.
Prompt Return upon Cancellation: If you receive a written cancellation notice under section 10, you must return the physical card or provide written notification of its loss or destruction within the exact period specified in the notice to avoid a $2,500 fine.

For Government Contractors and Service Providers (s 20)

Establish Clear Delegations: Ensure all staff operating card equipment are covered by a valid, signed agreement from the CEO (s 20(1)) and, if they are not Department employees, that the Minister has approved their class of office (s 18(3)).
Enforce Data Segmentation: Implement strict access controls on databases. Ensure employees do not isolate, copy, or possess raw digital photographs or signatures outside the card-production software environment, preventing breaches of section 17.
Audit Automated Disclosures: Ensure any automated data-sharing systems comply with the technical requirements of the regulations (s 12A(2)) and restrict access to authorised users who retrieve data or receive alerts.

For Prescribed Persons and Law Enforcement (s 14, s 15)

Document the "Authorised Purpose": Before accessing or requesting photo card data, document the specific statutory function or law enforcement purpose for which the information is required (s 14(1)).
Restrict Secondary Use: Ensure that any identifying information or photo card information received is never used for a secondary purpose. Inform all staff that using the data outside the original authorised purpose carries a penalty of 2 years' imprisonment for the individual handler (s 14(3)).
Obtain Police Commissioner Approval: For non-mandatory law enforcement disclosures under section 15(4), ensure that prior approval from the Commissioner of Police is obtained and documented before requesting photographs from the CEO.

Deep Dive

What it does

Current sections