Special Provisions

Special Provisions 2019-08-02T16:17:24+00:00

Special provisions for applicants unable to meet the minimum proof of identity requirements

Most applicants can meet the minimum proof of identity documents. The Australian Criminal Intelligence Commission (ACIC) recognises that some applicants may need to renew or obtain relevant documentation to verify their identity prior to submitting a police check. However, in some cases, applicants may find it difficult to provide or get the necessary evidence to identify themselves in line with minimum requirements.

In these cases, we have an exceptional circumstances approach which allows you to use special provisions to verify the identity. Reasons for exceptional circumstances may include applicants:

  • whose birth was not registered
  • who are homeless
  • who are undocumented, or recent arrivals to Australia
  • who live in remote areas
  • who are transgender or intersex
  • who are affected by natural disasters
  • with limited access to identity documents for reasons associated with how they were raised, their ability to participate in society, or due to their age
  • who are foreign nationals and reside outside of Australia

Our model Application and informed consent form advises  you (the applicant) to contact us if you cannot meet minimum proof of identity requirements. In these cases,  we will:

  • understand your circumstance and verify that your claim is legitimate, and
  • use the special provisions to obtain appropriate documentation to verify your identity.

You must provide;

  • as much identity documentation as practically possible
  • evidence to support why the required documentation cannot be provided (see table below)

At a minimum you must provide an identity document that also operates as a photographic identity document or a  photograph certified by a person listed in Schedule 2 of the Statutory Declarations Regulations 1993 (Cth)

After you provide documentation;

  • We will make a record of our consideration, verification and linkage exercise to support our  decision – making process.
  • We will assess each application for special provisions on a case by case basis, and will keep a record of that consideration and the reasons to support or deny the application.

Evidence to support special provisions

You need to provide evidence to prove that you cannot provide identity documents. Some reasons for this, and accompanying suggestions for the types of evidence, are tabled below.
ReasonSuggested Evidence
persons whose birth was not registered
  • statutory declaration outlining their circumstance and
    reason for not having the required minimum identity
    documents
people who are homeless
  • statutory declaration outlining their circumstance and
    reason for not having the required minimum identity
    documents
undocumented arrivals to Australia
people living in remote areas
The applicant may indicate they live in a remote area.

It is our responsibility to verify your town is classified as a remote area by using the Search by Name function on the Accessibility/Remoteness Index of Australia (ARIA) 2011. We will make a record of this.

http://www.spatialonline.com.au/ARIA_2011/default.aspx

Please note that a town will be considered remote if it appears on either a dark blue or light blue background (as per the Index).

people who are transgender or intersex
  • statement from a registered medical practitioner or a registered psychologist which specifies a change in gender
people affected by natural disasters
  • emergency services report or insurance documentation relating to the claimed natural disaster
people with limited access to identity documents for reasons associated with how they were raised, such as in institutional or foster care
people with limited participation in society
young people yet to establish a social footprint or evidence of community participation
foreign nationals and people residing outside of Australia.

Determining the appropriate special provision

You can use the decision tree below to help determine the special provision you fall into.

Special provision 1—Acceptance of alternative combinations of proof of identity documents

Applicant cannot provide a Commencement of identity document?
Where an applicant cannot provide a Commencement of identity document they must provide a minimum of four identity documents consisting of:

  • at least one Primary use in the community document, and
  • at least one Secondary use in the community

Any combination of primary and secondary documents can be accepted, ensuring a total of four documents are provided.

The combination of the identity documents collected must contain the applicant’s full name, date of birth and a photo.

If the documents presented do not contain a photo of the applicant, they must submit a certified passport- style photo in accordance with the Statutory Declarations Regulations.

Example 1 – Where a photo is provided

  • Drivers licence (primary – with photo)
  • Australian marriage certificate (primary)
  • Medicare card (secondary)
  • Credit reference check (secondary)

Example 2 – Where a photo is not provided

  • Australian marriage certificate (primary)
  • Medicare card (secondary)
  • Bank card (secondary)
  • Certified academic transcript (secondary)
  • A certified passport-style photo must be

Click edit button to change this text.

Applicant cannot provide a Primary use in the community document?
Where an applicant cannot provide a Primary use in the community document they must provide a minimum of four identity documents consisting of:

  • at least one commencement of identity document, and
  • at least one secondary use in the community

Any combination of commencement and secondary documents can be accepted, ensuring a total of four documents are provided.

The combination of the identity documents collected must contain the applicant’s full name, date of birth and a photo.

If the documents presented do not contain a photo of the applicant, they must submit a certified passport- style photo in accordance with the Statutory Declarations Regulations.

Example 3 – Where a photo is provided

  • Visa Entitlement Verification Online (VEVO) printout (commencement)
  • Australian tertiary transcript (secondary)
  • Australian tertiary student photo identity card (secondary – with photo)
  • Foreign drivers licence (secondary – with photo)

Example 4 – Where a photo is not provided

  • Visa Entitlement Verification Online (VEVO) printout (commencement)
  • Foreign government issued document (secondary)
  • Foreign government issued document (secondary)
  • Foreign government issued document (secondary)
  • A certified passport-style photo must be

Quick Tip: Help for foreign national’s
You may wish to use this special provision for foreign national’s as they are likely to be able to provide one commencement and multiple secondary documents (foreign government issued documents). You must still confirm that their circumstance for accessing special provisions is legitimate.

Applicant cannot provide a Secondary use in the community document?
Where an applicant cannot provide a Secondary use in the community document they must provide a minimum of four identity documents consisting of:

  • at least one Commencement of identity document, and
  • at least one Primary use in the community

Any combination of commencement and primary documents can be accepted, ensuring a total of four documents are provided.

The combination of the identity documents collected must contain the applicant’s full name, date of birth and a photo.

If the documents presented do not contain a photo of the applicant, they must submit a certified passport- style photo in accordance with the Statutory Declarations Regulations.

Example 5 – Where a photo is provided

  • Australian passport (commencement – with photo)
  • Australian birth certificate (commencement)
  • Australian marriage certificate (secondary)
  • Australian drivers licence (secondary)

Example 6 – Where a photo is not provided

  • Australian Visa (commencement)
  • ImmiCard (commencement)
  • Certificate of identity (commencement)
  • Australian marriage certificate (primary)
  • A certified passport-style photo must be

Special provision 2 – Verification of applicant identity by an authorised referee

Special provision 2 may be used to support an applicant to verify their identity. We will provide the Verification of applicant identity by an authorised referee form to help you get a written reference from an authorised referee.

The authorised referee must:

  • know the applicant
  • meet the ACIC’s authorised referee requirements (outlined on the form)
  • complete the required sections in the special provisions form, including a declaration
  • provide, if requested, a written reference confirming the applicant’s identity on company or/organisation letterhead.

We will request as many identity documents from you as practically possible to support the use of this provision.

Special provision 3—Verification of the applicant’s claimed identity with a parent, legal guardian or authorised agent

Access to Special provision 3 is restricted to applicants who:

  • are under 18 years of age
  • have a disability requiring part or full-time care from an authorised agent
  • were raised in foster care or similar

To meet the requirements of Special provision 3 the:

  • Applicant must provide:
  • Parent, legal guardian or authorised agent must:
    • confirm their own identity by meeting the minimum proof of identity documents and
    • provide a documentary link between the applicant and the parent or legal guardian, such

as the child’s birth certificate, or

  • provide a documentary link between the applicant and their authorised agent, such as a signed power of