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Transport Legislation (Port Pilotage) Amendment Bill 2013
Transport Legislation (Port Pilotage)
Amendment Bill 2013
Explanatory Notes
FOR
Amendments To Be Moved During
Consideration In Detail By The Honourable
Scott Emerson MP
Title of the Bill
Transport Legislation (Port Pilotage) Amendment Bill 2013
Objectives of the Amendments
The objective of the amendments is to ensure that Queensland can continue to participate in
the Document Verification Service (DVS), as a result of changes being made to extend access
to the DVS beyond government agencies to also include certain private sector organisations.
Background information about DVS
The DVS is co-ordinated by the Commonwealth Attorney-General's Department to assist in
protecting a person's identity. The DVS allows Commonwealth and State government
agencies to confirm the authenticity of `proof of identity' documents (such as a driver
licence, birth certificate or passport) used by an applicant to obtain a government benefit or
service. The DVS does not store any personal information but instead provides a portal
allowing the information to be checked against information held by the document issuing
agency. The issuing agency does not transfer personal data but simply confirms whether the
details provided match the details it holds by means of a `yes' or `no' message back to the
inquiring agency. The DVS is intended to reduce the risk of identity theft.
DVS and driver licences
It should be noted that documents are verified under the DVS for evidence of identity
purposes only. It is not possible for an entity to verify the validity of a person's authority to
drive through the DVS (for example, it is not possible to verify whether a driver licence is
suspended or a driver is disqualified from driving).
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Transport Legislation (Port Pilotage) Amendment Bill 2013
Under the DVS, driver licence information is not compared with the individual driver
licensing databases of the States and Territories but rather with information held in the
National Exchange of Vehicle and Driver Information System (NEVDIS). This is a national
database administered by the Association of Australian and New Zealand Road Transport and
Traffic Authorities (known as Austroads) that contains information about driver licences that
is provided by the licensing authorities from the various Australian jurisdictions.
Proposed changes to DVS
The Commonwealth Government has announced that access to the DVS is to be extended to
the private sector on a fee-for-service basis. Initially, access will only be available to
businesses with client identification obligations under Commonwealth legislation (for
example, banks and financial institutions with obligations under the Financial Transaction
Reports Act 1988 and companies that have to identify people prior to issuing access and
security cards under aviation and marine legislation). Over time, the range of private sector
entities able to access the DVS may be expanded.
It is also important to note that due to the technical configuration of the DVS, changes cannot
be implemented without the cooperation and participation of all Australian driver licensing
jurisdictions. Therefore, the proposed amendments are necessary to ensure that the extension
of DVS to private sector organisations can be successfully implemented.
Achievement of the Objectives
The amendments to section 77 of the Transport Operations (Road Use Management) Act 1995
will ensure that the chief executive of the Department of Transport and Main Roads can release
information to Austroads via NEVDIS for use in the DVS.
Alternative Ways of Achieving Policy Objectives
Section 77 of the Transport Operations (Road Use Management) Act 1995 currently provides
for the circumstances in which the chief executive can release information about a person's
driver licence. In order to ensure Queensland can continue to participate in the DVS,
amendments are required to section 77 to provide for additional circumstances in which the
chief executive can release information. There are no alternative ways of achieving the policy
objectives.
Estimated Cost for Government Implementation
On the basis of forward estimates prepared by Austroads, it is expected that the revenue
resulting from the extension of the DVS will cover the additional operating costs incurred by
NEVDIS.
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Transport Legislation (Port Pilotage) Amendment Bill 2013
Consistency with Fundamental Legislative Principles
As outlined above, the DVS does not store any personal information but instead provides a
portal allowing the information to be checked against information held by the document issuing
agency. The issuing agency does not transfer personal data but simply confirms whether the
details provided match the details it holds by means of a `yes' or `no' message back to the
inquiring agency. Also, documents are verified under the DVS for evidence of identity purposes
only. It is not possible for an entity to verify the validity of a person's authority to drive through
the DVS (for example, it is not possible to verify whether a driver licence is suspended or a
driver is disqualified from driving).
In the Privacy Impact Assessment for the Extension of Document Verification Service to Private
Sector Organisations prepared for the Commonwealth Attorney-General's Department dated 20
July 2012, it is noted that:
The DVS is a consent-based verification system. Prior to the submission of any personal
information from a document presented as EOI [evidence of identity], informed consent is
obtained from the individual presenting the document.
Given the safeguards outlined above, it is considered that the amendments are consistent with
fundamental legislative principles.
Consultation
Consultation has been undertaken with the Department of the Premier and Cabinet, the
Department of Justice and Attorney-General and Queensland Treasury and Trade.
NOTES ON PROVISIONS
Clause 1 amends the short title of the Bill to Transport Legislation (Port Pilotage and
Document Verification) Amendment Bill 2013.
Clause 2 amends the commencement clause of the Bill so that part 5 (containing the DVS
amendments) commences on assent of the Bill.
Clause 3 inserts a new part 5 in the Bill containing new clauses 24 and 25.
Clause 24 states that part 5 amends the Transport Operations (Road Use Management) Act
1995.
Clause 25 amends section 77 to ensure that the chief executive of the Department of Transport
and Main Roads can release information to Austroads via NEVDIS for use in the DVS.
Section 77 is also being updated to ensure that, in line with contemporary practice, information
may be released electronically by the chief executive.
Clause 4 amends the long title of the Bill so that it also refers to the Transport Operations
(Road Use Management) Act 1995.
ŠThe State of Queensland 2013
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