My application was refused / my card was cancelled
If your application for an ASIC or an MSIC is refused by AusCheck you will be informed of the reasons for the decision and your legal rights for a reconsideration or appeal.
- What is an adverse criminal history?
- Discretionary reviews
- Reinstatement review
- Reconsideration of decisions
- Appeals options (AAT)
What is an adverse criminal history?
Proposed new eligibility criteria for the ASIC and MSIC schemes
Pending legislative approval, new eligibility criteria for the ASIC and MSIC schemes will be introduced.
If you have conviction(s) for certain offences, you may be found to have an ‘adverse’ outcome on your criminal history check. This means you may not be eligible to be issued an ASIC or an MSIC.
You are considered to have an adverse criminal record if you are applying for an ASIC and have been convicted of:
- an aviation-security-relevant offence and sentenced to imprisonment; or
- two or more aviation-security-relevant offences (with no imprisonment), one of which was received within 12 months of the criminal history check.
You are considered to have an adverse criminal record if you are applying for an MSIC and have been convicted of:
- a maritime-security-relevant offence and sentenced to imprisonment (including a suspended sentence, periodic detention, home-based detention, and detention until the rising of the court).
If you are convicted of one of the above while your ASIC or MSIC application is being processed, or you are a holder of an ASIC or MSIC, you must notify your issuing body or AusCheck, in writing, within seven days. Penalties may apply for failure to do so.
If your application for an ASIC or MSIC is unsuccessful due to an adverse criminal record, you have the option of applying to the Secretary of the Department of Infrastructure and Regional Development for a discretionary review.
What is a discretionary review?
A discretionary review takes into consideration your individual circumstances, including the details of your adverse criminal record.
During a discretionary review you may be requested to provide additional information in support of your application including information regarding your criminal history. This process can be intrusive but is necessary to determine if you are likely to pose a risk to the aviation or maritime sector should you be granted unescorted access to secure areas.
If your application is approved a notification is sent to your issuing body, who, at their discretion, can issue you with an ASIC or MSIC.
Applying for an ASIC or MSIC discretionary review
If you want to apply online for a discretionary ASIC or MSIC you can complete either the:
Alternatively, you can complete the ASIC or MSIC PDF discretionary application form and return to the Department via:
email: firstname.lastname@example.org or
fax: 02 6274 7097 or
post to GPO Box 594, CANBERRA ACT 2601.
ASIC and MSIC forms
For more information on the discretionary review process refer to the:
- Aviation Security Identification Card (ASIC): Discretionary review PDF: 320 KB
- Maritime Security Identification Card (MSIC): Discretionary review PDF: 267 KB
Or call the Department on 02 6274 7748.
Similar to a discretionary review, if your ASIC or MSIC is cancelled due to an adverse criminal record, you can apply to the Secretary of the Department to have your card reinstated. During a reinstatement review, you may be requested to provide additional information in support of your application including information regarding your criminal history. This process can be intrusive but is necessary to determine if you are likely to pose a risk to the aviation or maritime sector should your access to secure areas or zones be reinstated.
More information on and how to apply for a reinstatement review can be found here:
- Aviation Security Identification Card (ASIC): Reinstatement of cancelled cards PDF: 384 KB
- Maritime Security Identification Card (MSIC): Reinstatement of cancelled cards PDF: 358 KB
Reconsideration of decisions
MSIC applicants and cardholders
MSIC applicants and cardholders can seek a reconsideration of a decision if their MSIC is not approved, after a discretionary review or reinstatement review. For information on this process refer to the MSIC discretionary review brochure PDF: 267 KB or contact the Department on 02 6274 7748.
ASIC applicants and cardholders
The Australian Government is proposing changes to make this process available to ASIC cardholders or applicants. Find out how this change affects you.
If you wish to dispute the outcome of your ASIC or MSIC application, review or reconsideration, you can appeal to the Australian Government’s Administrative Appeals Tribunal (AAT).
If you decide to lodge an appeal with the AAT contact:
- Phone (local): 1800 228 333
- Phone (international) +612 9276 5101
- Website: www.aat.gov.au