Access to DIAC Records
MANY GOVERNMENT AGENCIES HAVE ACCESS TO DIAC RECORDS
A host of federal and state government agencies get access to movement records collected by DIAC. The agencies include all tax offices, social welfare agencies, Foreign Affairs and Defence. Essentially all movement records are secret as setout in s. 488 of the Migration Act. S 488 reads:
488. (1) A person must not:
(a) read; or
(b) examine; or
(c) reproduce by any means; or
(d) use; or
(e) disclose by any means;
any part of the movement records, otherwise than in accordance with an authority given under subsection (2).
S. 488(2) authorises the Minster to give various government instrumentalities access to movement records.
A new legislative instrument commenced on 24 October 2008 listing the government bodies and purpose they could use movement records for. The instrument being IMMI 07/083 dated 31 January 2008 (sic) lists these agencies and purposes for access to movement records:
Agency
Purpose
Department of Veterans’ AffairsFor the purpose of verification of immigration status and residence status for the assessment and verification of eligibility and entitlements to benefits payments.
Civil Aviation Safety Authority (CASA)For the purpose of verification of immigration status and residence status for aviation security status checks and registration of aircraft.
Department of Transport and Regional ServicesFor the purpose of verifying status of applicants for aviation security identification card checks and maritime security identity card checks.
Child Support AgencyFor the purpose of verification of immigration status and residence status for determination of eligibility assessments for child support; and to give effect to Australia’s international obligations in relation to reciprocal enforcement of child support; and to enforce child support liabilities.
CentrelinkFor the purpose of verification of immigration status and residence status for determination of eligibility and entitlements for certain Social Security and Family Assistance payments; identification and prevention of overpayments and to ensure accuracy of claimant data.
Australian Taxation OfficeFor the purpose of identifying false identities and inaccurate records, and to improve the accuracy of information held by government to reduce identity theft; and for the purpose of determining eligibility and entitlements for certain Taxation payments, to ensure accuracy of claimant data and assist in the location of individuals.
Office of State Revenue, New South Wales TreasuryFor the purpose of verification of immigration status and residence status for assessment of eligibility and entitlements under the First Home Owner Grant Scheme
The State Revenue Office, Victorian Department of Treasury and FinanceFor the purpose of verification of immigration status and residence status for assessment of eligibility and entitlements under the First Home Owner Grant Scheme
Office of State Revenue, Queensland TreasuryFor the purpose of verification of immigration status and residence status for assessment of eligibility and entitlements under the First Home Owner Grant Scheme
Tasmanian State Revenue Office, Department of Treasury and FinanceFor the purpose of verification of immigration status and residence status for assessment of eligibility and entitlements under the First Home Owner Grant Scheme
Office of State Revenue, Department of Treasury and Finance of Western AustraliaFor the purpose of verification of immigration status and residence status for assessment of eligibility and entitlements under the First Home Owner Grant Scheme
Revenue SA,Department of Treasury and FinanceFor the purpose of verification of immigration status and residence status for assessment of eligibility and entitlements under the First Home Owner Grant Scheme
Territory Revenue Management, Northern Territory TreasuryFor the purpose of verification of immigration status and residence status for assessment of eligibility and entitlements under the First Home Owner Grant Scheme.
Australian Capital Territory Revenue Office,Department of TreasuryFor the purpose of verification of immigration status and residence status for assessment of eligibility and entitlements under the First Home Owner Grant Scheme
Attorney-General’s DepartmentFor the purpose of processing applications by prisoners for international transfer in accordance with the Act.
Attorney-General’s DepartmentFor the purpose of processing applications in connection with potential or actual extradition requests from Australia to another country or from another country to Australia.
State Debt Recovery Office,Office of State Revenue NSW TreasuryFor the purpose of assisting in the investigation, prosecution and enforcement of offences, fines and penalties including the identification of false nominations for driving offences which incur demerit points.
Department of DefenceFor the purposes of verifying a person’s nationality to determine whether Ministerial authorization is required for performance of activities specified in the Intelligence Services Act 2001.
Department of Foreign Affairs and TradeFor the purpose of issuing and administering passports under the Australian Passports Act 2005.
AusCheck, Attorney-General’s DepartmentFor the purpose of administering AusCheck Act 2007 to carry out background checks of individuals for the purposes of the Aviation Transport Security Act 2004 or regulations made under that Act and the Maritime Transport and Offshore Facilities Act 2003 or regulations made under that Act.
Attorney-General’s Departmentfor the purposes of making or responding to a mutual assistance request made under the Mutual Assistance in Criminal Matters Act 1987