--- title: "Evidence it is appropriate to accredit or approve the organisation" source: "https://www.digitalidsystem.gov.au/sites/default/files/2024-11/digital_id_-_forms_-_evidence_it_is_appropriate_to_accredit_or_approve_the_organisation_form_0.pdf" collection: "digital-id-accreditation" guidance_commit: "db3111cd9d11643ac08b34b4d75b0d0d983ca388" --- Evidence it is appropriate to accredit or approve the organisation To help the Digital ID Regulator assess whether, in light of the objects of the Digital ID Act 2024 (Cth), it is appropriate to accredit or approve the organisation, please refer to the Digital ID guidance and then select from the following options: I will provide evidence in line with the ‘fit and proper person’ test as set out in Chapter 2 of the Digital ID Rules 2024 (the Digital ID Rules). If this option is selected, please complete part A of this form. I will provide alternative evidence to satisfy the Digital ID Regulator. If this option is selected, please complete part B of this form. Please be aware that if we are not satisfied by the evidence provided, we will request further information and documents from you. For organisations that have chosen to provide alternative evidence this may also include requesting your organisation provide evidence in line with the ‘fit and proper person’ test as set out in Chapter 2 of the Digital ID Rules. Personal information collection notice Some of the information you provide in this form may constitute personal information for the purposes of the Privacy Act 1988 and the Digital ID Act 2024. This notice is intended to inform you of matters related to our collection of personal information contained in your application and should be read in conjunction with the ACCC’s Privacy Policy. Why we are collecting personal information Information, including any personal information, contained in this form is being collected by the ACCC as the Digital ID Regulator for the purposes of: • assessing an application for accreditation or for approval to participate in the Australian Government Digital ID System (AGDIS) in accordance with the Digital ID Act 2024; and • administering, and otherwise facilitating the proper functioning of the Digital ID Act 2024. What happens if you do not provide requested personal information. If you do not provide personal information relevant to your application for accreditation or approval, that may impact our ability to assess your application. Whom we may disclose personal information to Information contained within accreditation and/or approval applications, including personal information, may be disclosed to assist our assessment of the application to: • other Commonwealth agencies (for example, the Office of the Australian Information Commissioner and the Australian Security Intelligence Organisation); • State and Territory police forces; • international regulators and law enforcement bodies; • external consultants engaged by us; The information, including any personal information, contained in accreditation and/or approval applications is collected, and stored on servers, in Australia, in a secure environment. As above, personal information contained in accreditation and/or approval applications may be disclosed overseas to relevant international regulators and law enforcement bodies to assist our assessment of applications. Information about how to access your personal information, how to correct your personal information and how to complain about our handling of your personal information (and how we’ll deal with such a complaint) is set out in the ACCC’s Privacy Policy. By ticking the box below, you confirm that you have obtained the consent of any individual to whom personal information contained in this declaration form relates to disclose their personal information to the ACCC (as the Digital ID Regulator) to be collected, used, and disclosed for the purposes as set out above. ☐ Yes Part A: Fit and Proper Person This part should be completed by organisations that have selected to provide evidence in line with the ‘fit and proper person’ test as set out in Chapter 2 of the Digital ID Rules. Please provide the following documents: • Current organisation chart reflecting all associated persons and their relationships with the organisation • If the organisation is a body corporate - current corporate structure chart that identifies the organisation and its associates and associated entities (within the meaning of the Corporations Act 2001 (Cth)) and • Signed declaration forms from each associated person (see associated persons section below). 1 Organisation To enable the Digital ID Regulator to assess whether the organisation is a fit and proper person please answer the following questions on behalf of the organisation: 1. In the previous 10 years, has the organisation been convicted or found guilty of a serious criminal offence against any law of the Commonwealth or of a State or Territory, or a law of a foreign jurisdiction? Yes No If yes, please provide details. 2. In the previous 10 years, has the organisation been convicted or found guilty of an offence of dishonesty against any law of the Commonwealth or of a State or Territory, or a law of a foreign jurisdiction? Yes No If yes, please provide details. 2 3. Has the organisation been found to have contravened a law relevant to the management of its DI data environment (as defined in the Digital ID (Accreditation) Rules 2024) or a similar law of a foreign jurisdiction? Yes No If yes, please provide details about all contraventions. 4. Has the organisation been the subject of a determination under paragraph 52(1)(b) or any of paragraphs 52(1A)(a), (b), (ba), (c) or (d) of the Privacy Act 1988 (Cth), or a finding or determination of a similar nature under a similar law of a State or Territory or a foreign jurisdiction? Yes No If yes, please provide details about all determinations or findings. 5. Have any of the organisation’s directors (within the meaning of the Corporations Act 2001 (Cth)) been disqualified from managing corporations? This question is only applicable if the organisation is a body corporate. Yes No Not applicable If yes, please provide details disqualifications. 3 6. Have any of the organisation’s directors (within the meaning of the Corporations Act 2001 (Cth)) been subject to a banning order (i.e. an order under section 920A of the Corporations Act 2001 (Cth))? This question is only applicable if the organisation is a body corporate. Yes No Not applicable If yes, please provide details about all banning orders. 7. Does the organisation have a history of insolvency either in Australia or another jurisdiction? This question only applies if the organisation is a body corporate. Yes No Not applicable If yes, please provide details about all insolvency events. 8. Does the organisation have a history of bankruptcy either in Australia or another jurisdiction? This question is only applicable if the organisation is an individual. Yes No Not applicable If yes, please provide details about all bankruptcy events. 4 9. Has the organisation been subject to a determination made under an external dispute resolution scheme that included a requirement to pay monetary compensation and was, at the time the determination was made, recognised under section 35A of the Privacy Act 1988 (Cth) or recognised under section 56DA of the Competition and Consumer Act 2010 (Cth)? Yes No If yes, please provide details about all determinations. 10. Are there any other matters that may negatively impact our assessment of whether the organisation is a fit and proper person? Yes No Not applicable If yes, please provide details about all relevant matters. 5 Associated persons To assess whether the organisation is a fit and proper person, the Digital ID Regulator must also have regard to matters relating to the organisation’s associated persons as defined in rule 1.4 of the Digital ID Rules. Please complete the below table with details of each of the organisation’s associated persons. If you have additional associated persons that do not fit in the below table, please provide details of them separately. Name of associated person Relationship to organisation Company name or individual’s first and last name For each associated person, please upload a signed declaration addressing the mandatory relevant matters which relate to associated persons, as set out in Chapter 2 of the Digital ID Rules. Please use the template associated person declaration form available on the Digital ID System website. 6 Part B: Alternative evidence This part should be completed by organisation that have selected to provide alternative evidence to satisfy the Digital ID Regulator. Please provide the following documents: • Any documents that detail or support your answers to questions 1 and 2 below. • If the organisation is a body corporate - current corporate structure chart that identifies the organisation, its subsidiaries and its related bodies corporate. • If the organisation is applying to be an accredited Digital ID service provider - current organisation chart identifying any persons who have the capacity to significantly affect the organisation’s management of its DI data environment. • If the organisation is applying for approval to participate in the AGDIS - current organisation chart identifying any persons who have the capacity to significantly affect the performance of the organisation’s functions when operating in the AGDIS. Questions 1. Please explain how: a) the organisation, and any persons that have the capacity to significantly affect: i. for an organisation applying to be an accredited Digital ID service provider – the organisation’s management of its DI data environment, or ii. for an organisation applying for approval to participate in the AGDIS – the performance of the organisation’s functions when operating in the AGDIS, possess qualities such as competence, character, diligence, honesty, integrity, and judgment such that it is appropriate, in light of the objects in section 3 of the Digital ID Act, to accredit or approve the organisation, and/or b) there are sufficient processes or controls in place such that it is appropriate, in light of the objects in section 3 of the Digital ID Act, to accredit or approve the organisation. 7 2. Are you aware of any matters that may negatively impact our assessment of whether it is appropriate to accredit or approve the organisation? Yes No If yes, please provide details. Declaration • I declare that all the information that I have provided in this form, including any documents, is complete and correct. • I declare that I have been authorised by my organisation to make the declarations in this form. Signed: Date: 8