Published: 19 Aug 2021
UPDATE: Further to the MSIC information below, we can now provide the following updated and simplified advice.
The new eligibility criteria will come into effect from 23 August 2021. The vast majority of members will be unaffected by the new criteria. The only members that may be impacted by the new changes are those who have been convicted for one of the new criteria listed below and have not previously declared the conviction;
Tier 1 – Conviction only
Tier 2 – Conviction only
Tier 3 – Conviction AND sentence to imprisonment*
* A Tier 3 offence requires a conviction and sentence to imprisonment, regardless of whether the sentence was suspended or to be served by way of another method, or whether there was actual time served incarcerated.
If you have been convicted as per the criteria above for any of the new offences listed in this email, or you are unsure, you need to contact the Union immediately through our dedicated MSIC resource on msic@mua.org.au and we will assist you in the next steps.
From 23 August 2021, all existing cardholders will have 30 days to self-report against the new eligibility criteria to either your ASIC/MSIC issuing body or the Department of Home Affairs. Under the new requirement, cardholders and applicants who do not self-report relevant offences within this 30 day period may be fined up to $4,440.
Once a self-report form is received, the Department of Home Affairs will conduct a new background check and your card will remain valid until the background check is finalised. If notice is received that you have an adverse criminal record, your card will be cancelled by the issuing body, regardless of the card’s expiry validity.
Depending on your conviction, you can apply for a discretionary card, or appeal to the AAT which the Union will assist you with.
PREVIOUS INFORMATION POSTED FRIDAY 20th August
There are new eligibility criteria to hold an MSIC and the list of offences which could impact your ability to hold an MSIC has been extended under the Transport Security Amendment (Serious Crime) Act 2021.
From the 23rd of August there will be a requirement to self-report to the Department of Home Affairs within 30 days if you have been convicted of any prior offences that fall within the new criteria including any of the new offences that fall under the new eligibility criteria. There are potential fines for failing to self-report. The Union is continuing to seek advice on how this will affect members and we have established a dedicated resource in National Office for any members who believe that they may be affected by the changes.
If you believe you have been convicted of an offence that may be captured under the new criteria it is important that you do the following;
Step 1: Email the union at msic@mua.org.au for urgent assistance
Step 2: Contact the Department of Home affairs auscheck@homeaffairs.gov.au if you are unsure whether you have been convicted of an offence under the new criteria
Where can I find the full list of offences under the eligibility criteria cardholders?
The full list of offences under the new tiered and harmonised eligibility criteria has also been provided by the Government. You can read the Department of Home Affairs full list of offences by clicking here.
What does this mean for existing with cardholders?
As of 23 August 2021, all existing cardholders will have 30 days to self-report against the new criteria to the Department of Home Affairs (auscheck@homeaffairs.gov.au). Under the new requirement, cardholders and applicants who do not self-report relevant offences within this 30 day period may be fined up to $4,440.
What should you do if you are unsure if a new offence or conviction relates to the new eligibility requirements?
If you have a conviction for any of the new offences or if you’re not sure whether a conviction relates to the new criteria, you are encouraged to contact the Union through msic@mua.org.au
What are the reporting obligations of existing cardholders?
Cardholders are already required to report a conviction within 7 days to their issuing body or AusCheck, the 30 day period is a temporary measure to assist the implementation of the new criteria, after which the existing requirement will remain.
What can you do if you have a conviction for one of the new offences?
If you have a conviction for one of the new offences, you may be eligible to apply for consideration for a discretionary card. A discretionary MSIC may be granted by the Secretary of the Department of Home Affairs THE UNION WILL ASSIST YOU WITH THIS.
The card looks and operates in the same way as a regular card and it allows the same access to security zones, however, this may be subject to additional conditions, such as reduced validity to 6 or 12 months.
Some offences under the new tiered eligibility structure may not be eligible to apply for a discretionary card and will be required to apply to the Administrative Appeals Tribunal (AAT) for review of the decision.
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Tier Level |
Impact on Eligibility |
Appeal Rights |
|
Tier 1 – terrorism and the most serious criminal offenses |
If you have been convicted of |
You can apply to the |
|
Tier 2 – serious criminal |
If you have been convicted of a Tier 2 offence you will be ineligible to hold an ASIC or MSIC. |
You can apply to the |
|
Tier 3 – all other serious |
If you have been convicted of AND sentenced to imprisonment for a Tier 3 offence you will be ineligible to hold an ASIC or MSIC. |
You can apply to the
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