List of Recommendations

Recommendation 1

5.7
The Committee recommends that the Identity-matching Services Bill 2019 be re-drafted taking into account the following principles:
the regime should be built around privacy, transparency and subject to robust safeguards,
the regime should be subject to Parliamentary oversight and reasonable, proportionate and transparent functionality,
the regime should be one that requires annual reporting on the use of the identity-matching services, and
the primary legislation should specifically require that there is a Participation Agreement that sets out the obligations of all parties participating in the identity-matching services in detail.
The Identity-matching Services Bill 2019 should be re-drafted taking into account the Committee’s findings in this report. The Committee notes that the findings alone do not set out all of the matters that would bring the Identity-matching Services Bill 2019 into line with the principles outlined above.

Recommendation 2

5.8
The Committee recommends that, following implementation of recommendation one of this report and subsequent re-introduction to the House, the Identity-matching Services Bill 2019 be referred to the Committee for further review.

Recommendation 3

6.21
The Committee recommends that the Australian Passports Amendment (Identity-matching Services) Bill 2019 be amended to ensure that automated decision making can only be used for decisions that produce favourable or neutral outcomes for the subject, and that such decisions would not negatively affect a person’s legal rights or obligations, and would not generate a reason to seek review.

Recommendation 4

6.23
The Committee recommends that, following the implementation of Recommendation 3, the Passports Amendment Bill not proceed until the Committee has completed its review of the revised version of the Identity-matching Services Bill 2019 (as anticipated by Recommendation 2). If, as a consequence of amendments made to the IMS Bill, further amendments are made to the Passports Amendment Bill, the Passports Amendment Bill should, in accordance with Recommendation 2, also be referred to the Committee for further review.

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About this inquiry

The Parliamentary Joint Committee on Intelligence and Security has commenced a review of the Identity-matching Services Bill 2019 and the Australian Passports Amendment (Identity-matching Services) Bill 2019.

These are re-introduced Bills. The Identity-matching Services Bill 2018 and the Australian Passports Amendment (Identity-matching services) Bill 2018 lapsed upon this year's election. At this time the Committee's review of the Identity-matching Services Bill 2018 and the Australian Passports Amendment (Identity-matching services) Bill 2018 also lapsed.

Pursuant to Clause 8 of Schedule 1 of the Intelligence Services Act 2001 the Committee has accepted evidence to its review of the Identity-matching Services Bill 2019 and the Australian Passports Amendment (Identity-matching services) Bill 2019 all evidence including submissions and transcripts taken for the Committee's review of the Identity-matching Services Bill 2018 and the Australian Passports Amendment (Identity-matching services) Bill 2018 can be found here.