Privacy notice (Form 1442i)

The Department of Home Affairs (the Department) includes the Australian Border Force.

The Privacy Act 1988 (Privacy Act) requires the Department to notify an individual of certain matters when it collects personal information about them.

The Department has published its Privacy Policy, which contains information about its approach to complying with the Australian Privacy Principles set out in the Privacy Act and, in particular, information about:

• how, and why we collect personal information about you
• how you may access personal information about you that is held by the Department
• how you can seek the correction of such information
• how you may make a complaint about a breach of the Australian Privacy Principles, and how the Department deals with such a complaint.

The Privacy Policy can be found at: https://www.homeaffairs.gov.au/access-and-accountability/our-commitments/privacy

In addition, many of our forms that you may complete, relating to specific purposes, do contain specific notices regarding our collection and what we do with your personal information. You may also be provided with a specific collection notice at the time you use a service or provide your personal information to the Department.

This Privacy Notice explains the Department’s collection of personal information, and it supplements the contents of those specific notices (where applicable).

The Department – who we are/what we do

The Department is responsible for immigration and migration (including border security, entry, stay and departure arrangements for non-citizens); customs and border control (other than quarantine and inspection); citizenship; ethnic affairs; law enforcement policy and operations; national security policy and operations; multicultural affairs; protective security policy and coordination; protective services at Commonwealth establishments and diplomatic and consular premises in Australia; social cohesion; transport security; cyber security policy and co-ordination; cybercrime; critical infrastructure protection and co-ordination; Commonwealth emergency management; arrangements for the settlement of migrants and humanitarian entrants; adult migrant education; and all hazards relief, recovery and mitigation policy and financial assistance.

Contact details

Full contact details can be found on the Department’s website www.homeaffairs.gov.au

If you believe you have a complaint or feedback about the collection or handling of your personal information:

• complete the online feedback form at www.homeaffairs.gov.au/feedback or
• write to: The Manager
  Global Feedback Unit
  GPO Box 241
  Melbourne VIC 3001
  Australia

Collection of personal information

What is personal information?

The Privacy Act provides that personal information is information or an opinion about an identified individual or an individual who is reasonably identifiable (whether true or recorded in material form or not).

We also collect sensitive information, which is a subset of personal information defined under the Privacy Act as information or an opinion, that is also personal information, about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, and criminal record. Sensitive information also includes health information and genetic information about an individual, and certain biometric information. Biometric information includes an electronic copy of your face, fingerprint, iris, palm, signature or voice.

Legislation which applies to the Department also specifically protects certain kinds of information that may also be personal information, such as personal identifiers (as defined in the Migration Act 1958 and Australian Citizenship Act 2007), and Immigration and Border Protection information (as defined in the Australian Border Force Act 2015), amongst others.

For more information relating specifically to personal identifiers see form 1243i Your personal identifiers at https://immi.homeaffairs.gov.au/form-listing/forms/1243i.pdf

Who will we collect your personal information from?

In most cases, we will collect your personal information directly from you or someone you authorise (for example, an agent or your doctor). We also collect your personal information via our ImmiAccount and VEVO platforms.

In some cases, it may be collected from you via an automated system. For example, the Department uses SmartGate systems at international airports which collect your personal information (such as facial images) from you.

We also collect your personal information from a range of Australian Government and state and territory government agencies (particularly law enforcement agencies) and foreign governments under various Australian laws or domestic or international agreements.

We also collect your Single Touch Payroll (STP) Data from the Australian Taxation Office (ATO) to strengthen the integrity of the Temporary Skilled Visa Program.

Personal information is also collected and used on our behalf by contracted service providers. Examples include support services for immigration detainees, medical services, provision of the Adult Migrant English Program (AMEP) and community support groups involved with the Community Refugee Integration and Settlement Program (CRISP). The Department requires that all its contractors comply with the Privacy Act whether they are located in Australia or overseas.

We may also collect personal information about you which is available in public print and digital media.

Changes in your relationship status or allegations of Domestic and Family Violence (DFV) may lead to changes in how we deal with your personal information.

Collection of your personal information that is required or authorised by law

The Department has a wide range of functions and powers relating to the collection, use and disclosure of personal information, most of which are set out in specific Commonwealth laws. In addition, the Department’s collection of personal information complies with the Privacy Act.

Below is an outline of the legislation we commonly collect personal information under.

Migration Act 1958 (the Migration Act)

We are authorised under the Migration Act to collect personal information, and in some circumstances personal identifiers (such as a person’s fingerprints or handprints, photograph of a person’s face or signature, among other things). For example, these may be collected:

• for visa application purposes
• in connection with search and seizure powers under the Migration Act, or
• when an individual is entering or leaving Australia (for example, a passport or visa or evidence of identity).

Australian Citizenship Act 2007 (the Australian Citizenship Act)

We are authorised under the Citizenship Act to collect personal information (including personal identifiers) in order to be satisfied that an individual meets citizenship requirements.

Immigration (Guardianship of Children) Act 1946 (the IGOC Act)

Under the IGOC Act, and its regulations, the Minister is the guardian of certain unaccompanied non-citizen minors who arrive in Australia without a parent or relative aged 21 years and over (known as IGOC Minors). To assist in meeting guardianship responsibilities, the IGOC Act allows the Minister to delegate his/her guardianship powers and functions to officers in the Australian Government or state/territory governments (referred to as ‘IGOC delegates’). Willing and suitable persons or organisations can also be appointed as ‘custodians’ of the IGOC Minors. In general, a custodian must provide for the welfare and care of a child who is in their custody. To ensure the welfare and care of children under the IGOC Act, the Department collects personal information about IGOC Minors and their custodians. Where necessary, and in accordance with the Privacy Act, the Department may disclose personal information to, and collect information from, state/ territory authorities including child welfare agencies, IGOC delegates, custodians, parents, carers, relatives, and other Australian Government agencies.

Customs Act 1901 (Customs Act) and Excise Act 1901 (Excise Act)

The Department collects a range of personal information under the Customs Act and Excise Act in our role of protecting Australia’s borders and ensuring the collection of border revenue. This includes information relating to incoming passengers and crews of ships and aircraft.

Maritime Powers Act 2013 (Maritime Powers Act)

We are authorised under the Maritime Powers Act to collect personal information in the exercise of maritime powers. The powers support the enforcement of Australia’s maritime related laws, including in relation to illegal foreign fishing, customs, maritime counter terrorism, migration, quarantine and drug trafficking, as well as international agreements and arrangements at sea.

Immigration (Education) Act 1971 (Immigration (Education) Act)

We, and AMEP providers, on behalf of the Department, are authorised to collect a range of personal information to be satisfied that an individual meets AMEP eligibility requirements under the Immigration (Education) Act.

Collection of your personal information under the Privacy Act

The Privacy Act recognises that personal (including sensitive) information may be collected by the Department under an Australian law – examples of which are above.

The Privacy Act also provides that personal information other than sensitive information can be collected if the information is reasonably necessary for, or directly related to, one or more of the Department’s functions or activities.

With respect to the collection of sensitive information, the Privacy Act permits the Department to collect sensitive information in certain circumstances, including:

• if you consent and the information is reasonably necessary for, or directly related to, one or more of the Department’s functions or activities, or
• the collection is reasonably necessary for, or directly related to, one or more of our enforcement related activities.

The purpose for which we collect your personal information

Our functions and activities are very wide, covering the functions listed at ‘The Department – who we are/what we do’ sections above and further information is available through the ‘About us’ option on the Department’s website at Who we are (homeaffairs.gov.au).

It would be impractical to list all the specific purposes for which we collect personal information, but these include the following purposes:

• Visa and migration including visa compliance
• Customs, excise and taxation
• Refugee and humanitarian assistance
• Settlement services
• Adult Migrant English Program
• Border management
• Immigration status or detention
• Citizenship
• Law enforcement
• National Security
• Transport Security including airport and maritime security and access management
• Commonwealth emergency management
• Employment of departmental staff

Your personal information will be used for the primary purpose of collection or for a secondary purpose where permitted by the Privacy Act or otherwise authorised by legislation.

Artificial Intelligence

As the Department uses AI, including generative AI, advanced analytics, automation and automated decision making (ADM), to support operational functions, risk management and administrative activities, your personal information may be processed using AI technology. These activities may include those outlined in this privacy notice.

The Department will only use approved AI products that have been assessed as suitable for our secure environment.

Enterprise generative AI productivity tools may be used in relation to departmental activities for approved use cases such as to:

• Summarise information you provide
• Summarise information collected from third parties
• Prepare reports
• Research and analyse
• Prepare correspondence
• Support workplace productivity

Where AI is used, departmental staff will review the AI output to ensure it is accurate, up to date, complete and relevant, prior to being used or disclosed, including in decision-making.

When processing your personal information with AI, the Department will only do so in accordance with the Privacy Act or where otherwise authorised by legislation.

For more information on how the Department is using AI technology, see our AI Transparency Statement at https://www.homeaffairs.gov.au/access-and-accountability/our-commitments/plans-and-charters/our-service-charters/ai-transparency-statement

For more information on our use of AI and the handling of your personal information, please refer to our Privacy Policy https://www.homeaffairs.gov.au/access-and-accountability/our-commitments/privacy

The consequences if your personal information is not collected by the Department

If your personal information is not collected, we may not be able to process your application (such as your visa application), determine your eligibility for our services, or meet our statutory obligations, duty of care obligations or Australia’s international commitments. This may result in you being denied entry to Australia, having applications refused or being ineligible for services (amongst other things).

Disclosure of Personal Information

The personal information that we collect for the purposes of our functions and activities may be disclosed to third parties and other government organisations under a number of circumstances in accordance with the Privacy Act. Below are the most common categories.

Disclosure to nominated representatives

You may nominate a person to whom we may disclose your personal information, such as a family member, migration agent, customs broker, sponsor or solicitor representing you.

Authorised disclosure

We are, in certain circumstances, authorised or permitted under Australian law to disclose personal information, including to other Australian Government agencies, and state and territory agencies.

The most important disclosure provisions in the Department’s portfolio legislation are Part 4A of the Migration Act, section 43 of the Citizenship Act and Part 6 of the Australian Border Force Act 2015.

Examples include disclosures to assist in confirming your identity, verifying the authenticity of documents you have provided to us or another agency, or to undertake data matching or otherwise assist the agency to undertake its own compliance or other statutory functions.

Disclosure to other government agencies

Government agencies the Department may disclose personal information to include but are not limited to:

• Services Australia, for the purposes of legislation such as the Social Security Act 1991, the Child Support (Assessment) Act 1989 and Child Support (Registration and Collection) Act 1988, Health Insurance Act 1973 and the Taxation Administration Act 1953
• Department of Social Services
• Department of Agriculture, Fisheries and Forestry, to manage Australia’s biosecurity system and for the purposes of legislation such as the Biosecurity Act 2015, Export Control Act 2020, Imported Food Control Act 1992 and Illegal Logging Prohibition Act 2012
• Therapeutic Goods Administration, for the purposes of the Therapeutic Goods Act 1989
• Sport Integrity Australia, for the purposes of the National Anti-Doping Scheme
• Department of Education, for the purposes of legislation such as the Education Services for Overseas Students Act 2000
• Department of Employment and Workplace Relations, for the purposes of legislation such as the Work Health and Safety Act 2011, data match information about employment services and determine any impact of a proposed workplace component on the Australian labour market; and for purposes related to program development and Australian Skills Guarantee initiative and procurement connected policy
• Department of Veterans’ Affairs, for the purposes of legislation such as the Veterans’ Entitlements Act 1986
• Australian Taxation Office, for the purposes of the Income Tax Assessment Act 1997 and other taxation legislation
• Department of Foreign Affairs and Trade, for the purposes of legislation such as the Australian Passports Act 2005 and to obtain country information for protection visa processing, and in respect of any foreign passport you may be entitled to hold as a dual national
• Department of Defence, for the management of Defence sector student visa programs and for the purposes of the Defence Trade Controls Act 2012
• Attorney-General’s Department, for the purposes of legislation such as the Criminal Code Act 1995
• Department of Climate Change, Energy, the Environment and Water, for the purposes of legislation such as the Environment Protection and Biodiversity Conservation Act 1999, Ozone Protection and Synthetic Greenhouse Gas Management Act 1989, Hazardous Waste (Regulation of Exports and Imports) Act 1989, the Recycling and Waste Reduction Act 2020 and the Product Emissions Standards Act 2017
• Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts, for the purposes of legislation such as Road Vehicle Standards Act 2018
• Australian Electoral Commission, for the purposes of the Commonwealth Electoral Act 1918
• Australian Bureau of Statistics, for the Person Level Integrated Data Asset and statistics on international travel arriving in and departing from Australia
• Department of Industry, Science and Resources, for the purposes of industry concession schemes
• Australian Pesticides and Veterinary Medicines Authority, for the purposes of the Agricultural and Veterinary Chemicals (Administration) Act 1992
• Australian Trade and Investment Commission (Austrade), for the purposes of legislation such as the Australian Trade and Investment Commission Act 1985 and for purposes relating to international trade and supply chains

Disclosure for enforcement related activities

We disclose personal information to Australian (Australian Government, state and territory) and foreign enforcement agencies or bodies where it is reasonably necessary for an enforcement related activity conducted by or on behalf of a domestic enforcement body, including the prevention, detection, investigation and prosecution or punishment of a criminal offence. Enforcement related activities also include to assist the preparation for, or conduct of, proceedings before any court or tribunal (including Coroners proceedings).

Disclosure to statutory authorities and office holders

We disclose personal information to bodies such as:

• Commonwealth Ombudsman
• Office of the Australian Information Commissioner
• Australian National Audit Office
• Australian Human Rights Commission
• Fair Work Ombudsman
• Australian Industrial Chemicals Introduction Scheme

Disclosures relating to health and safety

Your personal information may be provided to governmental health agencies and medical providers in relation to visa considerations and the management of public health risks.

Your personal information may also be provided to Australian law enforcement agencies or emergency services where the disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety.

Disclosure – other

Generally, the Department may disclose personal information to a range of bodies in accordance with the Privacy Act, including:

• education and employment agencies and bodies in relation to the undertaking of training or study in Australia
• employer or labour supplier regarding migration status, work entitlements and your visa
• contracted service providers, including under the Humanitarian Settlement Program, Australian Cultural Orientation Program and Assisted Passage Program
• United Nations High Commissioner for Refugees
• Australian and International Red Cross Societies
• state and territory correctional facilities to facilitate transfers and confirm immigration status
• state and territory child welfare agencies and organisations
• other embassies, high commissions and consulates
• agencies and contracted third parties and research bodies for the purposes of research, investigation and analysis for policy and/or program development and/or improvement
• Australian government agencies, organisations and international organisations with a coordination role in major international events such as major sporting matches and international heads of state meetings
• Federal, state and territory Members of Parliament, local government councils, organisations and government officials with a role in citizenship, related awards and events and formally welcoming new citizens
• industry members for the purpose of preventing or addressing the importation of illicit goods into Australia
• National Emergency Management Agency.

Disclosure on publicly available registers

The Department maintains several registers for public information which may include personal information. This includes, but is not limited to:

• Public Register of Approved Sponsors
• Prohibited Employer Register
• Register of Migration Agents
• Labour Agreements Register
• Gifts and Benefits Register
• FOI Disclosure Logs

Disclosure to overseas recipients

Because of the nature of its functions and activities, the Department may also disclose personal information to overseas recipients.

In most cases, it will be disclosure to officials in/from your country of origin or of usual residence (unless you have made claims for protection against those countries and are awaiting the assessment of those claims to be finalised). The Department also discloses personal information to countries or organisations that have agreements with Australia. These include but are not limited to the United Kingdom, New Zealand, Canada and the United States of America, as well as the international organisations listed above under ‘Disclosure - other’.