Malcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | Link to this | Hansard source

My question is to the Minister for Finance, Senator Gallagher. The Digital ID Act was passed with the promise that it would not be compulsory, per section 74(1). Your act includes a provision that alternative methods of establishing identity must be provided, in section 74(1A). My electorate office is receiving complaints from members of the public who are being required to obtain a digital ID in order to, in one instance, get their own medical report as part of a job application. This was a real-world application, not an online application. Minister, what options are available to a person who is not offered an alternative method of identity verification, as the act requires? Where can people complain, and what penalties are imposed on an entity who fails to follow your legislation?

Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Link to this | Hansard source

I thank Senator Roberts for the question. As you'd know, Senator Roberts, the digital ID legislation has not come into effect yet. It doesn't come into effect until 1 December this year. Essentially, we've legislated the existing system, which was unregulated. That's what we've done with that legislation.

There is a requirement, in the legislation, to continue to provide alternative opportunities or ways for people to engage with government for their personal use. Of course, businesses already engaging with the tax office do use the myGovID system, but, for your personal use, the law is very clear that there must be alternative ways provided for the community to engage with government. That has been made very clear across government.

I would say that, if you want to forward me that constituent's issue, even if it's de-identified, I'd be very happy to look at it, but we have been very clear that it is a voluntary system, it is a safe system and it is a secure system. It's simply a means of verifying yourself in a way that gives you control of your own documentation. So, instead of having all your ID documents photocopied or emailed around the place, you are the one verifying your identity and you're able to hold those documents to yourself. It's actually a much safer way of engaging with government than paper based systems, and I am very hopeful that more people will take it up once the legislation and the regulator are in place. Of course, once that legislation is enacted, there will be a regulator. The ACCC will perform that role. So there would be the ability to make complaints and have those complaints investigated.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Roberts, first supplementary?

Malcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | Link to this | Hansard source

The entity responsible was the Queensland state government. Will you now instruct the Queensland Labor government to follow the legislation and ensure an alternative option is allowed or will you do so after the legislation is enacted?

Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Link to this | Hansard source

The legislation does enable a national digital ID system, or ecosystem. There are private sector digital IDs and there are also state government versions. But what the legislation means is that those state governments can apply for accreditation through the national system, and we are hopeful that they will do that. In fact, in a meeting I had on Friday with states, they are all certainly indicating that they will be part of that national system. But, for a state based system which has its own processes for engaging on rates and other things, that is a matter for the Queensland government and would have to be taken up with the Queensland government.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Roberts, second supplementary?

Malcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | Link to this | Hansard source

Minister, was the failure to include penalties for not providing alternative verification options a failure of this government or was the imposition of a mandatory digital ID the plan all along?

Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Link to this | Hansard source

The legislation is very clear. It's a voluntary system—that is, people, for their personal engagement with government, have the right to choose whether they use a digital ID or they use the more traditional way of engaging with government. In terms of penalties, the legislation does set up the ACCC as the regulator of the system. That would be the way that complaints and other issues would be assessed. So there is a system in place. I don't have the legislation right in front of me, but we were very clear that putting the digital ID ecosystem in legislation is actually about ensuring that it is safe and that consumers' needs are fundamental, are front and centre and are protected through a regulated system. At the moment, I have a digital ID, but it doesn't exist under a regulated system. All that the legislation did was take a lot of what's happening now outside of a regulated system and regulate it.