2.5.1 Persons with a security notice in force

Summary

A person is not entitled to and cannot apply for redress while a security notice is in force in relation to that person. Where a person is subject to a security notice:

  • any application made by the person to the Scheme is taken to be withdrawn, and
  • any offer of redress not yet accepted or declined by the person will be taken to be withdrawn.

Issuing of a security notice

The cancellation of a visa by the Minister for Home Affairs or the cancellation of an Australian passport or the refusal to issue an Australian passport by the Minister for Foreign Affairs on national security grounds may lead to a security notice being given by the Minister for Home Affairs.

The Minister for Home Affairs may then decide to issue a security notice to the Minister for Social Services naming the individual who is of concern. The Minister for Social Services will then provide a copy of the security notice to the Secretary of the Department of Social Services (DSS) and the Secretary of the Department of Human Services (DHS).

For the purposes of the Scheme, a security notice comes into force the day the Minister for Social Services receives it, and ends on the day the Minister for Home Affairs revokes the notice. Twelve months after the notice is first issued, and if necessary every 12 months after that, the Home Affairs Minister must consider whether the notice is to be revoked. Any revocation of the notice may be provided to the Minister of Social Services in writing, who must then provide a copy to the Secretary of DSS and the Secretary of DHS.

Notification of a withdrawal

Where an application for or an offer of redress is taken to be withdrawn due to a security notification, the Operator will advise the person and any relevant institution in writing.

Act reference: NRSAct Part 3.2 Division 3 Security notices, section 20 When an application cannot be made

NRS Rules Part 10 Notices about effect of security notices

Policy reference: Redress Guide 1.1.S.30 Security notice

Last reviewed: 13 August 2018