Maritime Security Identification Card

Sample format: Maritime Security Identification Card

A Maritime Security Identification Card (MSIC) is an Australian nationally consistent identification card that is issued to identify a person who has been the subject of a background check. It shows that the holder has met the minimum security requirements to work unescorted or unmonitored in a maritime security zone. The MSIC is not an access card and the relevant authority at each port or facility still controls access to its maritime security zones.^[1]

Since 1 December 2010, the expiry dates of MSIC changed from five years to either two or four years. Each applicant of an MSIC must decide whether to select a two or four year MSIC upon application. If a four-year MSIC is selected, a total of two background checks will be conducted; the first upon the initial application and the second background check two years later.^[2]

Background

In May 2005, the Australian Government introduced amendments to the Maritime Transport Security Act 2003^[3] in Federal Parliament in an effort to further secure the nation's maritime and offshore industries. These amendments have led to the introduction of maritime security identity cards (MSIC) which will ensure that those working in these critical industries are subject to appropriate background checking as now occurs in the aviation industry.

As a nationally recognised form of maritime and offshore industry identification, the MSIC distinguishes the holder as having met the minimum background checking requirements. It is essential for all maritime industry workers and contractors who operate within maritime security zones (MSZ) at ports, ships and oil and gas facilities.

Since 1 January 2007, all personnel requiring unmonitored access to a maritime or offshore security zone are required to display an MSIC.^[4] A maritime or offshore security zone is designated by maritime and offshore facility operators. MSZs may be established for a range of reasons including:^[5]

controlling the movement of people;
providing cleared areas within the port or offshore facility environs;
preventing interference with ships and offshore facilities; and
restricting access to specified areas including critical installations.

The MSIC is a program similar to the Aviation Security Identification Card, program found in the aviation industry.

On 29 January 2010, the then Minister for Infrastructure, Transport, Regional Development and Local Government, Minister Albanese, announced a number of enhancements to the MSIC regime following a review of the MSIC scheme. The key changes coming out of the announcement include:

the offences that prevent an individual from holding an MSIC have been expanded to cover additional offences including espionage, kidnapping, explosives, illegal firearms, acts of violence, fraud and dishonesty offences (from 1 July 2010);
background checks will be conducted every two years with cards being valid for up to four years (from 1 December 2010);
a new offence to prosecute MSIC holders who fail to advise their MSIC issuing body of changes to their criminal record (from 1 December 2010); and
a new offence to prosecute MSIC issuing bodies who fail to suspend an MSIC at the direction of the Secretary of the Department, or fail to cancel the card if the person is convicted of a disqualifying offence or convicted of any other maritime security relevant offence and sentenced to imprisonment (from 1 December 2010).^[6]

Who needs an MSIC?

A person has an operational need to hold an MSIC if his or her occupation or business interests require, or will require, him or her to have unmonitored access to a maritime security zone at least once a year. This includes:

Port, port facility and port service workers;
Stevedores;
Transport operators such as train and truck drivers;
Seafarers on Australian regulated ships and;
People who work on and/or supply offshore oil and gas facilities.

What does the application process involve?

Once an applicant has lodged their application, the issuing body will confirm the applicant's identity, confirm the applicant's operational need for an MSIC, request a background check of the applicant by AusCheck,^[7] and if necessary, confirm the applicant's right to work in Australia.

The Trans-Tasman Travel Arrangement allows Australian and New Zealand citizens to live and work in each country respectively. As such, New Zealand citizens possess an Entitlement to Work in Australia upon entry into Australia.

What is involved in a background check for an MSIC?

AusCheck, a unit of the Attorney General's Department, is now responsible for coordinating the background checks of MSIC applicants and people who are involved in the issue of MSICs. The Background checking process includes an assessment of:

A criminal records check undertaken by the Australian Federal Police, which is used to determine if an applicant has an adverse criminal record;
A security assessment conducted by the Australian Security Intelligence Organisation; and,
If the applicant is not an Australian citizen, confirmation that the applicant has a right to work in Australia.

How do I apply for an MSIC?

The Department of Infrastructure, Transport, Regional Development and Local Government (Infrastructure Australia) authorises organisations to serve as an approved MSIC Issuing Body. There are currently 21 authorised MSIC Issuing Bodies. Of these 21 issuing bodies:

Three provide an international service in addition to their national service
Four provide a nationwide service
Six provide only a local service
Six provide only to their employees
One provides only to federal government employees

What is the Definition of an Adverse Record?

A person has an adverse criminal record if they have received a conviction for committing a maritime security relevant offence (MSRO) and received a sentence to imprisonment for the offence. Receiving a suspended sentence, home-based detention, periodic detention, and detention until the rising of the court also contribute to an adverse criminal record.^[8]

What Offences will Constitute an Adverse Record?

An MSIC shall not be issued to a person who has committed a maritime security relevant offence (MSRO). These offences are listed in Part 1 of Schedule 1 of the Maritime Transport and Offshore Facilities Security Regulations 2003.^[9]

MSRO's include acts such as:

terrorism
treason, sedition, espionage or selling national secret
weapon of mass destruction
hijacking or destruction of an aircraft, vessel or offshore facility

An MSIC issuing body shall not issue an MSIC to a person who has been convicted of an offence mentioned in Part 2 of Schedule 1 of the Maritime Transport and Offshore Facilities Security Regulations 2003.^[10] and sentenced to imprisonment for that offence unless the Secretary of the Department of Infrastructure decides that the person is unlikely to constitute a threat to security and approves the issue of an MSIC to the person.

Do MSIC cards provide port access?

An MSIC is a nationally consistent identification card. An MSIC is not an access card. Some ports have combined their facility access control cards with the MSIC card. As a result, confusion has arisen within the industry as to whether the MSIC card belongs to the port or to the individual once the MSIC holder no longer requires access to the linked port facility.

Like a drivers license, the MSIC belongs to the individual and serves as a nationally recognized form of identification for whichever port or offshore facility the individual may visit. Access is controlled by the facility operator. An MSIC does not automatically authorize access.

'Job Ready' MSIC cards for persons seeking approval before obtaining a job

From 15 December 2015, persons may apply for an MSIC card before they get a job. This change in the legislation alleviates the issues some persons faced when trying to get a job in the maritime or offshore industries. Prior to the legislative change, persons had to provide evidence of an 'operational need' to obtain an MSIC in order to apply for the card. An 'operational need' to hold an MSIC is defined as if your "occupation or business interests require, or will require, [you] to have unmonitored access to a maritime security zone at least once each year.^[11] Because many employers specified the need to hold an MSIC card as part of the requirements to obtain a job, many persons found this as a 'which came first - the chicken or the egg' dilemma. Without an MSIC, you could not get a job, and without a job, you could not get an MSIC.

Whilst the applicant will be able to apply for an MSIC card without first proving an operation need; the card will not be issued by the MSIC issuing body until evidence of the operational need is provided. This means that the applicant will need to provide evidence to support their claim. This may be in the form of a letter from an employer or prospective employer, a letter from a recent employer and/or certificates of qualifications relating to your need to access a secure area/zone, or evidence of a licence that demonstrates a requirement to access a secure area/zone (for example, a maritime pilot's licence).

The issued MSIC will expire 2 years (or 4 years if a four-year MSIC was applied for) after the background check was approved.

What are MSIC Conditions of Use?

The following are conditions of use that an MSIC holders agrees to accept.^[12]

From 1 January 2007 you must wear your MSIC in a maritime security zone unless you have an exemption. An MSIC must be:

attached to your outer clothing
above waist height
on the front of your body
with the whole MSIC clearly visible

You must keep your MSIC in a safe and secure location whilst not in use.

You must not alter or deface your MSIC.

Your MSIC is not transferable and can only be used by you.

You must return your MSIC within 30 days to the issuing body after it:

expires;
is cancelled;
has been damaged, altered or defaced; or
you no longer need to enter a maritime security zone.

If you change your name you must notify the body that issued the MSIC within 30 days. You will be issued with a replacement MSIC.

If your MSIC is lost or stolen, you will need to provide a statutory declaration or police report or other information issued by the police before a replacement card can be issued by an issuing body.

You will have committed an offence if your MSIC is lost, stolen or destroyed and you do not advise your issuing body within 7 days.

You will have committed an offence if you contravene the regulations on how and where and MSIC must be worn.

Further information on offences for contravening the MSIC regulations and their penalties can be found in the Maritime Transport and Offshore Facilities Regulations 2005.^[13]

Other Security Identification Programs (International)

United States - Transportation Worker Identification Credential (or TWIC). On 25 November 2002, Congress directed the federal government, through the Maritime Transportation Security Act (or MTSA), to issue a biometric security credential to individuals who require unescorted access to secure areas of facilities and vessels and all mariners holding Coast Guard issued credentials or qualification documents. Controlling access to secure areas is critical to enhancing port security.^[14]

TWIC is a common identification credential for all personnel requiring unescorted access to secure areas of MTSA regulated facilities and vessels, and all mariners holding Coast Guard-issued credentials. Individuals who meet TWIC eligibility requirements will be issued a tamper-resistant credential containing the worker's biometric (fingerprint template) to allow for a positive link between the card and the individual.

Notes

References

Infrastructure Australia
MSIC Issuing Body

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