Compliance Framework
Compliance Driver
Student Identifiers Act 2014 (Cth)
Classification
Level 2
University-wide requirement. Lower impacts.
Associated Legislation
Associated Standards
None
Associated Codes
None
Associated Information
None
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Administrative Information
Administrative Body
Australian Government - Department of Education
Administrative Name
Administrative Address
Administrative Phone
1300 363 079
Administrative Email
Administrative Website
https://www.education.gov.au/unique-student-identifier-usi/usi-requirements-1-january-2023
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General Introduction
VC Compliance Delegate
Simon Evans, Deputy Vice-Chancellor
Compliance Coordinator
Tanya Pelle, Director Student Services
Business Units Impacted
Overview
The effect of section 53A of the Student Identifiers Act 2014 (SI Act) is that from 1 January 2023, all higher education students studying towards an Australian higher education qualification must have a Unique Student Identifier (USI) to be eligible to receive their award. This requirement is separate from the requirement for higher education students to have a USI to be eligible for Commonwealth support from 1 January 2021, and applies to all higher education students, including international students. Individual exemptions can be sought through the Student Identifiers Registrar but will prevent a student from accessing a CSP or HELP.
Compliance Obligations
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CAF or eCAF includes the student’s USI
Description
UNE must ensure the CAF (Commonwealth Assistance Form) or eCAF (Electronic Commonwealth Assistance Form) includes the student’s USI
Impacts
Breach Impact Financial:
s.29B(2) Making an application under section 9 to the Registrar for a student identifier to be assigned to an individual without being authorised by the individual to make the application - 60 penalty units for corporations * 5 under Crimes Act 1914 s.4B(3)
s.29C(1) Altering an authenticated VET transcript of an individual or an extract from an authenticated VET transcript prepared by the Registrar - 60 penalty units for corporations *5 under Crimes Act 1914 s.4B(3)
s.29C(2) Making a document that is not an authenticated VET transcript of an individual but purports to be such a transcript, or making a document that is not an extract prepared by the Registrar from an authenticated VET transcript but purports to be such an extract- 60 penalty units for corporations* 5 under Crimes Act 1914 s.4B(3)
Breach Impact Non-Financial
Civil penalty enforceable under Regulatory Powers Act; infringement notices may be issued.
s.11(1) Failure to destroy personal information collected solely for the purpose of making a student identifier application as soon as practicable after the application is made or it is no longer needed for that purpose - Taken to be an interference with privacy under Privacy Act 1988; may be subject to investigation by Information Commissioner; possible enforceable undertakings, court orders, or compensation.
s.16(2) Failure to take reasonable steps to protect records of student identifiers, schools identifiers, or school identity management information from misuse, interference, loss, and unauthorised access, modification or disclosure - Taken to be an interference with privacy under Privacy Act 1988; may be subject to investigation by Information Commissioner; possible enforceable undertakings, court orders, or compensation.
s.17 Unauthorised collection, use or disclosure of protected information - Taken to be an interference with privacy under Privacy Act 1988; may be subject to investigation by Information Commissioner; possible enforceable undertakings, court orders, or compensation
Executive Liability: Indirect.
Criminal Penalty/Offence: No.
Responsible Manager
Jennifer McDonell, Executive Principal Student Journey
Coordinating Officer
Tanya Pelle, Director Student Services
Coordinating Unit
Student Journey
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Protocol
None
Procedure
None
Guideline
None
Other Websites
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Report USI to DoE
Description
UNE must ensure the Unique Student Identifier (USI) is reported to the Department of Education (DoE) as part of the DoE reporting cycle.
Impacts
Breach Impact Financial:
s.29B(2) Making an application under section 9 to the Registrar for a student identifier to be assigned to an individual without being authorised by the individual to make the application - 60 penalty units for corporations * 5 under Crimes Act 1914 s.4B(3)
s.29C(1) Altering an authenticated VET transcript of an individual or an extract from an authenticated VET transcript prepared by the Registrar - 60 penalty units for corporations *5 under Crimes Act 1914 s.4B(3)
s.29C(2) Making a document that is not an authenticated VET transcript of an individual but purports to be such a transcript, or making a document that is not an extract prepared by the Registrar from an authenticated VET transcript but purports to be such an extract- 60 penalty units for corporations* 5 under Crimes Act 1914 s.4B(3)
Breach Impact Non-Financial
Civil penalty enforceable under Regulatory Powers Act; infringement notices may be issued.
s.11(1) Failure to destroy personal information collected solely for the purpose of making a student identifier application as soon as practicable after the application is made or it is no longer needed for that purpose - Taken to be an interference with privacy under Privacy Act 1988; may be subject to investigation by Information Commissioner; possible enforceable undertakings, court orders, or compensation.
s.16(2) Failure to take reasonable steps to protect records of student identifiers, schools identifiers, or school identity management information from misuse, interference, loss, and unauthorised access, modification or disclosure - Taken to be an interference with privacy under Privacy Act 1988; may be subject to investigation by Information Commissioner; possible enforceable undertakings, court orders, or compensation.
s.17 Unauthorised collection, use or disclosure of protected information - Taken to be an interference with privacy under Privacy Act 1988; may be subject to investigation by Information Commissioner; possible enforceable undertakings, court orders, or compensation
Executive Liability: Indirect.
Criminal Penalty/Offence: No.
Responsible Manager
Jennifer McDonell, Executive Principal Student Journey
Coordinating Officer
Tanya Pelle, Director Student Services
Coordinating Unit
Student Journey
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Protocol
None
Procedure
None
Guideline
None
Other Websites
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Request and Record USI from commencing Students
Description
UNE must request and record the Unique Student Identifier (USI) of commencing students on enrolment [unless the student is an international student who has not yet entered Australia]
Impacts
Breach Impact Financial:
s.29B(2) Making an application under section 9 to the Registrar for a student identifier to be assigned to an individual without being authorised by the individual to make the application - 60 penalty units for corporations * 5 under Crimes Act 1914 s.4B(3)
s.29C(1) Altering an authenticated VET transcript of an individual or an extract from an authenticated VET transcript prepared by the Registrar - 60 penalty units for corporations *5 under Crimes Act 1914 s.4B(3)
s.29C(2) Making a document that is not an authenticated VET transcript of an individual but purports to be such a transcript, or making a document that is not an extract prepared by the Registrar from an authenticated VET transcript but purports to be such an extract- 60 penalty units for corporations* 5 under Crimes Act 1914 s.4B(3)
Breach Impact Non-Financial
Civil penalty enforceable under Regulatory Powers Act; infringement notices may be issued.
s.11(1) Failure to destroy personal information collected solely for the purpose of making a student identifier application as soon as practicable after the application is made or it is no longer needed for that purpose - Taken to be an interference with privacy under Privacy Act 1988; may be subject to investigation by Information Commissioner; possible enforceable undertakings, court orders, or compensation.
s.16(2) Failure to take reasonable steps to protect records of student identifiers, schools identifiers, or school identity management information from misuse, interference, loss, and unauthorised access, modification or disclosure - Taken to be an interference with privacy under Privacy Act 1988; may be subject to investigation by Information Commissioner; possible enforceable undertakings, court orders, or compensation.
s.17 Unauthorised collection, use or disclosure of protected information - Taken to be an interference with privacy under Privacy Act 1988; may be subject to investigation by Information Commissioner; possible enforceable undertakings, court orders, or compensation
Executive Liability: Indirect.
Criminal Penalty/Offence: No.
Responsible Manager
Jennifer McDonell, Executive Principal Student Journey
Coordinating Officer
Tanya Pelle, Director Student Services
Coordinating Unit
Student Journey
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Protocol
None
Procedure
None
Guideline
None
Other Websites
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USI Privacy Requirements
Description
To remain compliant with privacy requirements the University must obtain permission from students when creating, or finding a USI. A Privacy Notice must be issued to the student if the University is creating a USI on their behalf.
Under section 11 of the Act, any personal information and identity documents obtained to create a USI must not be retained, unless the University is required by another law to keep the information.
If storing a record of a USI the University must take reasonable steps to protect that record from misuse, interference, loss, unauthorised access, modification or disclosure.
Impacts
Breach Impact Financial:
s.29B(2) Making an application under section 9 to the Registrar for a student identifier to be assigned to an individual without being authorised by the individual to make the application - 60 penalty units for corporations * 5 under Crimes Act 1914 s.4B(3)
s.29C(1) Altering an authenticated VET transcript of an individual or an extract from an authenticated VET transcript prepared by the Registrar - 60 penalty units for corporations *5 under Crimes Act 1914 s.4B(3)
s.29C(2) Making a document that is not an authenticated VET transcript of an individual but purports to be such a transcript, or making a document that is not an extract prepared by the Registrar from an authenticated VET transcript but purports to be such an extract- 60 penalty units for corporations* 5 under Crimes Act 1914 s.4B(3)
Breach Impact Non-Financial
Civil penalty enforceable under Regulatory Powers Act; infringement notices may be issued.
s.11(1) Failure to destroy personal information collected solely for the purpose of making a student identifier application as soon as practicable after the application is made or it is no longer needed for that purpose - Taken to be an interference with privacy under Privacy Act 1988; may be subject to investigation by Information Commissioner; possible enforceable undertakings, court orders, or compensation.
s.16(2) Failure to take reasonable steps to protect records of student identifiers, schools identifiers, or school identity management information from misuse, interference, loss, and unauthorised access, modification or disclosure - Taken to be an interference with privacy under Privacy Act 1988; may be subject to investigation by Information Commissioner; possible enforceable undertakings, court orders, or compensation.
s.17 Unauthorised collection, use or disclosure of protected information - Taken to be an interference with privacy under Privacy Act 1988; may be subject to investigation by Information Commissioner; possible enforceable undertakings, court orders, or compensation
Executive Liability: Indirect.
Criminal Penalty/Offence: No.
Responsible Manager
Jennifer McDonell, Executive Principal Student Journey
Coordinating Officer
Tanya Pelle, Director Student Services
Coordinating Unit
Student Journey
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
Privacy Management Rule
Policy
None
Protocol
None
Procedure
None
Guideline
None
Other Websites
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USI from CSP Students
Description
UNE must ensure any student commencing in a Commonwealth Supported Place (CSP) has provided a USI prior to census date]
Impacts
Breach Impact Financial:
s.29B(2) Making an application under section 9 to the Registrar for a student identifier to be assigned to an individual without being authorised by the individual to make the application - 60 penalty units for corporations * 5 under Crimes Act 1914 s.4B(3)
s.29C(1) Altering an authenticated VET transcript of an individual or an extract from an authenticated VET transcript prepared by the Registrar - 60 penalty units for corporations *5 under Crimes Act 1914 s.4B(3)
s.29C(2) Making a document that is not an authenticated VET transcript of an individual but purports to be such a transcript, or making a document that is not an extract prepared by the Registrar from an authenticated VET transcript but purports to be such an extract- 60 penalty units for corporations* 5 under Crimes Act 1914 s.4B(3)
Breach Impact Non-Financial
Civil penalty enforceable under Regulatory Powers Act; infringement notices may be issued.
s.11(1) Failure to destroy personal information collected solely for the purpose of making a student identifier application as soon as practicable after the application is made or it is no longer needed for that purpose - Taken to be an interference with privacy under Privacy Act 1988; may be subject to investigation by Information Commissioner; possible enforceable undertakings, court orders, or compensation.
s.16(2) Failure to take reasonable steps to protect records of student identifiers, schools identifiers, or school identity management information from misuse, interference, loss, and unauthorised access, modification or disclosure - Taken to be an interference with privacy under Privacy Act 1988; may be subject to investigation by Information Commissioner; possible enforceable undertakings, court orders, or compensation.
s.17 Unauthorised collection, use or disclosure of protected information - Taken to be an interference with privacy under Privacy Act 1988; may be subject to investigation by Information Commissioner; possible enforceable undertakings, court orders, or compensation
Executive Liability: Indirect.
Criminal Penalty/Offence: No.
Responsible Manager
Jennifer McDonell, Executive Principal Student Journey
Coordinating Officer
Tanya Pelle, Director Student Services
Coordinating Unit
Student Journey
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Protocol
None
Procedure
None
Guideline
None
Other Websites
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USI required for Award Conferral
Description
Under section 53A (1) As a registered higher education provider UNE must not confer a regulated higher education award on an individual unless the individual has been assigned Unique Student Identifier (USI).
Impacts
Breach Impact Financial:
s.29B(2) Making an application under section 9 to the Registrar for a student identifier to be assigned to an individual without being authorised by the individual to make the application - 60 penalty units for corporations * 5 under Crimes Act 1914 s.4B(3)
s.29C(1) Altering an authenticated VET transcript of an individual or an extract from an authenticated VET transcript prepared by the Registrar - 60 penalty units for corporations *5 under Crimes Act 1914 s.4B(3)
s.29C(2) Making a document that is not an authenticated VET transcript of an individual but purports to be such a transcript, or making a document that is not an extract prepared by the Registrar from an authenticated VET transcript but purports to be such an extract- 60 penalty units for corporations* 5 under Crimes Act 1914 s.4B(3)
Breach Impact Non-Financial
Civil penalty enforceable under Regulatory Powers Act; infringement notices may be issued.
s.11(1) Failure to destroy personal information collected solely for the purpose of making a student identifier application as soon as practicable after the application is made or it is no longer needed for that purpose - Taken to be an interference with privacy under Privacy Act 1988; may be subject to investigation by Information Commissioner; possible enforceable undertakings, court orders, or compensation.
s.16(2) Failure to take reasonable steps to protect records of student identifiers, schools identifiers, or school identity management information from misuse, interference, loss, and unauthorised access, modification or disclosure - Taken to be an interference with privacy under Privacy Act 1988; may be subject to investigation by Information Commissioner; possible enforceable undertakings, court orders, or compensation.
s.17 Unauthorised collection, use or disclosure of protected information - Taken to be an interference with privacy under Privacy Act 1988; may be subject to investigation by Information Commissioner; possible enforceable undertakings, court orders, or compensation
Executive Liability: Indirect.
Criminal Penalty/Offence: No.
Responsible Manager
Jennifer McDonell, Executive Principal Student Journey
Coordinating Officer
Tanya Pelle, Director Student Services
Coordinating Unit
Student Journey
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Protocol
None
Procedure
None
Guideline
None
Other Websites
Compliance Overview