This privacy notice sets out how personal information will be handled when a request is lodged for a Foreign Work Authorisation (FWA) to work for, or provide training to, a foreign government or military or a foreign related entity.
The Department of Defence (Defence) is authorised to collect, use and disclose personal information under Part IXAA of the Defence Act 1903 (Defence Act) to:
- assess an individual's suitability to be granted an FWA
- manage, monitor and review an FWA if granted, including any non-compliance with its conditions, or any breach of Part IXAA of the Defence Act or other law.
Defence will collect information from:
- the individual's FWA request form
- any other information provided for the purpose of the FWA process
- any third-party named in the FWA request, including previous employers
- service/employment records (if the individual is a former or current Defence member)
- publicly available sources
- Commonwealth and state law enforcement agencies
- intelligence and national security agencies
- overseas governments or organisations where relevant
If Defence is unable to collect the required personal information, it may not be able to assess the FWA request, which may restrict an individual's ability to work overseas or result in a criminal prosecution under sections 115A and 115B of the Defence Act.
What information Defence will collect
Defence will collect personal and sensitive information including:
- identifying information (name, date and place of birth, citizenship etc)
- contact information (such as permanent residential address, phone number and email)
- information about the role and the type of training involved
- information about current and previous employment, including any Defence-related service/employment, and details of the relevant foreign employment for which the FWA is being requested
- criminal records or information relating to national security matters
- other information such as Australian passport details, details of security clearances and training received during service/employment.
How personal information will be used
Defence will use the personal information to:
- assess, manage and resolve the individual's FWA request
- conduct due diligence checks for the FWA request, including national security checks
- monitor and investigate compliance with Part IXAA of the Defence Act
- determine any breaches of Part IXAA of the Defence Act or any other relevant law
- refer non-FWA national security concerns to other areas of Defence where appropriate
- investigate potential breaches of Part IXAA and refer information to relevant law enforcement agencies for further investigation or prosecution.
Disclosure of personal information
Defence may disclose your personal information to:
- relevant work areas including personnel managers, supervisors, managers or commanders in Defence, including Defence Integrity Division
- Ministers in the Defence portfolio
- Defence investigative authorities (as defined in the Defence Incident and Reporting Management Manual)
- entities within Defence undertaking the administration of Defence security
- Commonwealth and state law enforcement agencies
- security and intelligence agencies
- the Australian Government Security Vetting Agency
- other appropriate Government departments, such as the Department of Veterans’ Affairs
- complaints-handling or review bodies such as the Defence Ombudsman, the Human Rights Commission, the Office of the Australian Information Commissioner and the Australian National Audit Office
- Defence’s legal services providers
Overseas disclosure
Defence may disclose personal information to a foreign government or organisation if relevant to conduct due diligence or to investigate any potential breaches of Part IXAA of the Defence Act or any other relevant law.
Complaints, corrections and access
To make a complaint about how personal information is handled, or to seek access to or correct personal information, contact: defence.privacy@defence.gov.au.