--- title: "Fit and proper person declaration for associated persons" source: "https://www.digitalidsystem.gov.au/sites/default/files/2024-11/digital_id_-_forms_-_fit_and_proper_person_declarations_for_associated_persons_form.pdf" collection: "digital-id-accreditation" guidance_commit: "db3111cd9d11643ac08b34b4d75b0d0d983ca388" --- Fit and proper person declarations for associated persons Introduction The Australian Competition and Consumer Commission (ACCC) is an independent Commonwealth statutory authority. As well as being the Digital ID Regulator, the ACCC administers and enforces the Competition and Consumer Act 2010 (Cth) and other legislation to promote competition and fair trading in markets for the benefit of all Australians. Under the Digital ID Act 2024 (Digital ID Act), the Digital ID Regulator is responsible for accrediting entities providing digital identity services under the legislated Digital ID framework and approving entities to participate in the Australian Government Digital ID System (AGDIS). The Digital ID Regulator may have regard to whether an entity is a fit and proper person in deciding whether to accredit an entity or considering whether it is appropriate to approve the entity to participate in the AGDIS. In having regard to whether an entity is a fit and proper person, the Digital ID Regulator must have regard to the matters set out in rule 2.2 of the Digital ID Rules 2024 (Digital ID Rules). Many of the mandatory matters relate to both the applicant and any of their associated persons. Purpose of this declaration To assist the Digital ID Regulator in assessing whether an organisation is a fit and proper person, an organisation must ensure each associated person signs this declaration form separately and provide the completed form to the Digital ID Regulator with its application for accreditation or approval to participate in the AGDIS. Page | 1 Associated person Rule 1.4 of the Digital ID Rules 2024 Associated person, of any entity, means any of the following: (a) a person who makes, or participates in making, decisions that affect: i. the entity’s management of its DI data environment; or ii. for a participating relying party—the performance of the entity’s functions when operating in the Australian Government Digital ID System; or (b) a person who has the capacity to significantly affect: i. the entity’s management of its DI data environment; or ii. for a participating relying party—the performance of the entity’s functions when operating in the Australian Government Digital ID System; or (c) a person who would be a person mentioned in paragraphs (a) or (b) if the entity was an accredited entity or a participating relying party; or (d) if the entity is a body corporate—a person who: i. is an associate (within the meaning of the Corporations Act 2001) of the entity; or ii. is an associated entity (within the meaning of the Corporations Act 2001) of the entity. If required, appropriate professional advice should be sought before providing this declaration. 2 Personal information collection notice Some of the information you provide in your application for accreditation 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: • 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 to assist our assessment of accreditation applications. The information, including any personal information, contained in accreditation applications 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 accreditation 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. 3 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 4 Associated person declaration form– Section A If you are an individual (i.e. a natural person) and are completing this declaration form in relation to yourself, complete Table 1 below. If you are making this declaration on behalf of a body corporate, complete Table 2 below. You must be authorised by the relevant body corporate to sign on its behalf and hold the role of a company director, company secretary, chief executive officer, chief operating officer, chief financial officer or managing director. Table 1 (associated person – individual) Your personal details Given name/s Last name Any other name you have previously been known by (if applicable) Date of birth Residential address Email address Applicant’s name Relationship to the applicant (e.g. company director, company secretary, manager) 5 Table 2 (associated person – body corporate) Your organisation’s details Your name Name of legal identity Australian Company Number, or Number: registered business number for non- Australian entities Country: Your position title (must be a company director, company secretary, chief executive officer, chief operating officer, chief financial officer or managing director) Your email address as assigned by your organisation (i.e. not your personal email address) Registered business address Applicant’s name Relationship to the applicant (e.g. holding company, subsidiary, other type of associated entity) 6 Section B If you completed Table 1, references to “you” in this section refer to you. If you completed Table 2, references to “you” in this section refer to the entity on whose behalf you are making this declaration. If there is insufficient space for your answer, please provide on a separate page and combine that with this declaration. Fit and proper questions 1. In the previous 10 years, have you 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? A ‘serious criminal offence’ is defined in rule 2.3(3) of the Digital ID Rules. No Yes (Provide details below) 2. In the previous 10 years, have you 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? No Yes (Provide details below) 7 3. Have you been found to have contravened a law relevant to the management of the applicant’s DI data environment or a similar law of a foreign jurisdiction? No N/A Yes (Provide details below) 4. Have you 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? No Yes (Provide details below) 5. If you are an individual – Have you ever been disqualified from managing corporations? If you are a body corporate – Have any of your directors (within the meaning of the Corporations Act 2001 (Cth)) been disqualified from managing corporations? No Yes (Provide details below) 8 6. If you are an individual – Are you subject to a banning order within the meaning of the Corporations Act 2001 (Cth)? If you are a body corporate – Are any of your directors (within the meaning of the Corporations Act 2001 (Cth)) subject to a banning order within the meaning of the Corporations Act 2001 (Cth)? No Yes (Provide details below) 7. Do you have a history of insolvency either in Australia or another jurisdiction? For example, have you ever entered into liquidation, voluntary administration, or receivership? Insolvency is defined in section 95A of the Corporations Act 2001 (Cth) to mean an inability of a person to pay all of their debts as and when they become due. No N/A Yes (Provide details below) 8. Do you have a history of bankruptcy either in Australia or another jurisdiction? For example, have you ever been declared bankrupt, presented a debtor’s petition pursuant to section 55 of the Bankruptcy Act 1966 (Cth) or had a creditor’s petition presented against you pursuant to the Bankruptcy Act 1966 (Cth)? No N/A Yes (Provide details below) 9 9. Have you 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 under section 56DA of the Competition and Consumer Act 2010 (Cth)? The following external dispute resolution schemes are currently recognised under the Privacy Act 1988 (Cth): ▪ ACT Civil and Administrative Tribunal ▪ Australian Financial Complaints Authority ▪ Energy & Water Ombudsman (NSW) Limited ▪ Energy and Water Ombudsman Queensland ▪ Energy and Water Ombudsman (SA) ▪ Energy and Water Ombudsman (Victoria) Limited ▪ Energy and Water Ombudsman Western Australia ▪ Public Transport Ombudsman Limited (Victoria) ▪ Telecommunications Industry Ombudsman Limited ▪ Tolling Customer Ombudsman. The external dispute resolution schemes currently recognised under the Competition and Consumer Act 2010 (Cth) are included in the above list. No Yes (Provide details below) 10. Are there any other matters that may negatively impact our assessment of whether you are a fit and proper person? No Yes (Provide details below) 10 Declaration It is a serious criminal offence under the Commonwealth Criminal Code to provide false or misleading information. False or misleading information (including a material omission) may also be grounds to revoke any accreditation granted based on that information. • I declare that all the information that I have provided in this declaration form, including any documents, is complete and correct. • (if you are providing this declaration on behalf of a body corporate) - I declare that I have been authorised by my organisation to make the declarations contained in this form. Your full name Position Signed: Date: 11