If an applicant is unable to provide the required ID from
each category
(e.g.: 1 x Commencement, 1 x Primary and 2 x Secondary), the ACIC expects the applicant to
obtain
the missing/required documentation
before
ordering their police check.
If an applicant cannot obtain required documentation, the ACIC can consider applications without the full ID requirements for
exceptional circumstances only. Before approving such an application, the ACIC will require evidence to support the claim that the applicant is unable to obtain the relevant documents.
The ACIC does not consider that inconvenience or delay satisfies this requirement.
Accordingly, the following are not acceptable justifications for pursuing a Special Provisions exemption:
• Document has been lost
• Document has expired
• Document is held elsewhere and can’t be retrieved
Valid justifications for seeking Special Provisions exemption could include:
• Foreign nationals living outside of Australia
• Persons whose birth was not registered
• Persons who are homeless
• Persons who are undocumented arrivals to Australia
• Persons living in remote areas
• Persons who are transgender or intersex
• Persons affected by recent natural disasters
• Persons with limited access to ID documents due to how they were raised, such as institutional or foster care
• Persons with limited participation in society such as an elderly person or someone who has spent time in a rehabilitation centre
• Young people who are yet to establish a social footprint or who are without evidence of community participation
Special Provision 1 - Providing alternative ID types
After considering the limitations above, if an applicant cannot obtain and provide the minimum proof of identity documents from each category, the applicant must then provide the following set of ID documents with a completed
Special Provisions Application Form:
If a Commencement of Identity document cannot be provided, they must provide:
At least 1 x primary use in the community document and
Up to 3 x secondary use in the community documents, which
Must total a minimum of 4 x ID documents; one of which must contain a photograph
Completed
Special Provisions Application Form
with all supporting evidence
If a Primary Use in the Community document cannot be provided, they must provide:
At least 1 x commencement of identity document ando Up to 3 x secondary use in the community documents, which
Must total a minimum of 4 x ID documents; one of which must contain a photograph
Completed
Special Provisions Application Form
with all supporting evidence•
If a Secondary Use in the Community document cannot be provided, they must provide:
At least 1 x commencement of identity document and
At least 1 x primary use in the community document, which
Must total a minimum of 4 x ID documents; one of which must contain a photograph
Completed
Special Provisions Application Form
with all supporting evidence
Other suggested Secondary Use in the Community documents not listed above but which may satisfy this requirement include:
• Property lease/rental agreement• Property insurance papers• Superannuation statement
• Enrolment with the Australian Electoral Commission
• Motor vehicle registration or insurance documents
Special Provision 2 – Verification of applicant identity by using an authorised referee
If the applicant is still unable to provide enough ID, special provision 2 may be used to support an applicant to verify their identity. We provide the
Verification of applicant identity by an authorised referee
form to help them get a written reference from an authorised referee.The authorised referee must:
• know the applicant and can provide details as to the specific identity circumstances;
• meet the ACIC’s authorised referee requirements (outlined on the form);
• complete the required sections in the Special Provisions Application Form, including a declaration; and
• provide, if requested, a written reference confirming the applicant’s identity on company or/ organisation letterhead.We must also request as many identity documents from the applicant as practically possible to support the use of this provision.
Special Provision 3 – Verification of the applicant’s claimed identity with a parent, legal guardian or authorised agent
Access to Special provision 3 is restricted to applicants who:
• are under 18 years of age;• have a disability requiring part or full-time care from an authorised agent; or
• were raised in foster care or similar arrangements.
To meet the requirements of Special provision 3 the:
• Applicant must provide:o one identity document containing a photograph. If they cannot, they must submit a passport-style photograph certified by a person listed in
Schedule 2 of the Statutory Declarations Regulations 2018 (Cth)
.
• Parent, legal guardian or authorised agent must:
confirm their own identity by meeting the minimum proof of identity documents; and
provide a documentary link between the applicant and the parent or legal guardian, such as the child’s birth certificate; or
provide a documentary link between the applicant and their authorised agent, suchas a signed power of attorney.
