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Contact us Enquiries regarding the licence and any use of this document are welcome at: Commercial and Administrative Law Branch Attorney-General’s Department 3–5 National Cct BARTON ACT 2600 Call: 02 6141 6666 Email: copyright@ag.gov.au Document details Security classification Unclassified Dissemination limiting marking Publicly available Date of next review Under review Authority Attorney-General Author Protective Security Policy Section Attorney-General’s Department Document status Version 2.1 approved 1 September 2014 (replaces Version 1), amended April 2015 i Table of contents Amendments ......................................................................................................................... v 1. Scope ............................................................................................................................ 1 1.1. Introduction .................................................................................................................. 1 1.2. Status and applicability ................................................................................................. 1 Figure 1 - Personnel security policy hierarchy............................................................................ 1 1.3. Terms used in this Protocol .......................................................................................... 2 1.4. Agency responsibilities in personnel security ............................................................... 4 1.4.1. Agency heads ............................................................................................................ 4 1.4.2. Line managers .......................................................................................................... 4 1.4.3. Agency personnel...................................................................................................... 4 1.4.4. Need-to-know principle ............................................................................................ 5 1.5. Policy exceptions .......................................................................................................... 5 1.5.1. Functional equivalents .............................................................................................. 5 1.6. Sharing personal information ....................................................................................... 5 2. Components of personnel security ................................................................................. 7 3. Identifying personnel security risk .................................................................................. 9 3.1. 4. Personnel security risk assessments ............................................................................. 9 Employment screening ................................................................................................. 10 4.1. Recommended employment screening ...................................................................... 10 4.2. Agency-specific employment screening checks.......................................................... 11 4.3. Recording results of employment and additional agency specific screening............. 11 4.3.1. Additional information ........................................................................................... 11 5. 6. Ongoing suitability for employment ............................................................................. 13 5.1. Security awareness, training and education............................................................... 13 5.2. Performance management ......................................................................................... 13 5.3. Conflict of interest ...................................................................................................... 13 5.4. Incident investigation ................................................................................................. 14 5.5. Monitoring, evaluating and recording of ongoing personnel suitability .................... 14 Agency security clearance requirements ....................................................................... 15 6.1. Cooperation in the clearance process ........................................................................ 15 6.2. Identifying and recording positions that require a security clearance ....................... 15 6.2.1. Security clearance levels ......................................................................................... 16 6.2.2. Caveat and codeword access .................................................................................. 17 ii 6.2.3. Contractors requiring security clearances .............................................................. 17 6.2.4. Persons employed under the Members of Parliament (Staff) Act 1984 (Cth) ........ 18 6.3. Australian office holders ............................................................................................. 18 6.4. Other access arrangements ........................................................................................ 19 6.4.1. Foreign Nationals with non-Australian Government security clearances .............. 19 6.5. Eligibility waivers (citizenship and checkable background) ........................................ 20 6.5.1. Eligibility waivers .................................................................................................... 20 6.5.2. Non-Australian citizens ........................................................................................... 21 6.5.3. Uncheckable backgrounds ...................................................................................... 21 6.5.4. Conditions for clearances subject to an eligibility waiver....................................... 22 7. 6.6. Locally engaged staff .................................................................................................. 22 6.7. State or Territory government security clearances .................................................... 23 Temporary access to classified information arrangements ............................................ 24 7.1. Temporary access conditions ..................................................................................... 24 7.1.1. Types of temporary access ..................................................................................... 25 7.1.2. Short term access.................................................................................................... 26 7.1.3. Provisional access ................................................................................................... 27 7.2. 8. Temporary access for MOPS Act staff ........................................................................ 27 Vetting agency responsibilities ..................................................................................... 29 8.1. Authority to make clearance decisions....................................................................... 29 8.1.1. Confirming eligibility for a security clearance ........................................................ 29 8.2. Assessing Suitability .................................................................................................... 29 8.2.1. Supplementary checks and inquiries....................................................................... 30 8.2.2. Mitigation ............................................................................................................... 30 8.2.3. Vetting agency consultation with sponsoring agencies ......................................... 30 8.3. Vetting decisions ......................................................................................................... 30 8.4. Failure to comply with the clearance process ............................................................ 30 8.5. Personnel security checks for initial clearances ......................................................... 31 8.5.1. Statutory declaration .............................................................................................. 32 8.5.2. ASIO Security Assessment ....................................................................................... 32 8.6. Reviews of security clearances ................................................................................... 32 8.6.1. Periodic Revalidations............................................................................................. 32 8.6.2. Reviews for cause ................................................................................................... 33 8.7. Adverse findings.......................................................................................................... 34 iii 9. 8.8. ASIO-initiated review of ASIO Security Assessment ................................................... 34 8.9. Reviews of security clearance processes and outcomes ............................................ 34 8.10. Review of clearance decisions .................................................................................... 34 8.11. Transfer of Personal Security Files.............................................................................. 35 8.12. Recognition of clearances ........................................................................................... 35 8.13. Active and inactive clearances .................................................................................... 35 8.14. Vetting staff training and qualifications ..................................................................... 36 8.15. Vetting agencies’ management of outsourced vetting providers .............................. 36 Agency responsibilities for active monitoring of clearance holders ................................ 37 9.1. Security awareness training for clearance holders..................................................... 38 9.2. Managing specific clearance maintenance requirements .......................................... 38 9.3. Annual health check ................................................................................................... 38 9.4. Sharing of information ................................................................................................ 39 9.4.1. Reportable changes of personal circumstances ..................................................... 39 9.4.2. Contact reporting under the Australian Government Contact Reporting Scheme.................................................................................................................... 40 9.4.3. Reporting security incidents to vetting agencies and other appropriate agencies .................................................................................................................. 40 9.5. Change of sponsorship of security clearances ............................................................ 41 9.6. Personnel on temporary transfer or secondment ...................................................... 41 9.6.1. Clearance maintenance for personnel on secondment or temporary assignment ............................................................................................................. 41 9.7. Personnel on extended leave ..................................................................................... 42 9.8. Clearance maintenance for contractors ..................................................................... 42 9.8.1. Clearance sponsorship of contractors that are no longer actively engaged by an agency ........................................................................................................... 43 10. Agency separation actions............................................................................................ 44 10.1. Prior to separation ...................................................................................................... 44 10.2. On separation ............................................................................................................. 44 10.2.1. Separation of contractors ....................................................................................... 45 Annex A: Request for variation of Special Minister of State’s Determination 2012/1 for a Minister’s Electorate Officer.......................................................................... 46 iv Amendments No. Date Location Amendment 1 April 2015 Section 1.3 Remove the term re-evaluation in regards to PV clearances in the definition of ‘inactive’. 2 April 2015 Throughout Update PSPF links 3 April 2015 Annex A Update waiver request form to include phone numbers 4 v 1. Scope 1.1. Introduction 1. The core policies of the Protective Security Policy Framework (PSPF) provide the mandatory requirements for protective security in Australian Government agencies. The Australian Government Personnel Security Protocol provides more detailed advice for agencies to meet their mandatory personnel security requirements. 2. Personnel security is one element of good protective security management. The Australian Government’s personnel security measures determine the suitability of personnel to access Australian Government resources. A suitable person demonstrates integrity and reliability and is not vulnerable to improper influence. 3. Effective personnel security facilitates the sharing of Australian government resources and is an essential mitigation tool to the threat posed by trusted insiders. 4. An agency’s personnel security risk assessment should be incorporated into the agency’s security risk management process and other agency risk management processes. Personnel security risk management may impact on, and/or complement, information and physical security controls. 1.2. Status and applicability 5. This Protocol forms part of the third level of the Australian Government’s personnel security policy hierarchy, as shown in Figure 1. This protocol and its supporting guidelines will inform agency-specific personnel security policy and procedures. Figure 1 - Personnel security policy hierarchy 1 6. 7. The Australian Government personnel Security Protocol derives its authority from the PSPF – Directive on the security of Government business, Governance arrangements, and the Personnel security core policy and mandatory requirements. It should be read in conjunction with: the Australian Government information security management protocol the Australian Government physical security management protocol the Public Service Act 1999 (Cth) (PS Act) the Privacy Act 1988 (Cth) any agency specific legislation and/or guidance, and the Personnel security guidelines: o Agency personnel security responsibilities, and o Vetting practices. Positive Vetting (PV) security policy (developed by the Inter-Agency Security Forum) is detailed in the Sensitive Material Security Management Protocol (SMSMP). Distribution of the SMSMP is limited to agency security advisers with a need to know. 1.3. Terms used in this Protocol 8. 9. 10. In this Protocol the use of the terms: ‘need to’ refers to a legislative requirement that agencies must meet ‘are to’ or ‘is to’ are controls that support compliance with the mandatory requirements of the personnel security core policy ‘should’ refers to better practice. Agencies are expected to apply better practice unless the agency risk assessment has identified reasons to apply other controls, and ‘required’ is used as common language and has no special meaning in this protocol. Unless otherwise stated, the use of: ‘personnel’ in this protocol refers to employees, contractors and service providers as well as anybody else who is given access to agency assets as part of agency sharing initiatives ‘employment screening’ refers to screening undertaken by an agency prior to employment of staff or engagement of contractors ‘Australian Government resources’ refers to the collective term used for Australian Government people, information and assets, and ‘vetting agency’ refers to the Australian Government Security Vetting Agency (AGSVA), authorised agencies and State and Territory vetting agencies. Financial statement – provides a detailed summary of a clearance subject’s assets, income, liabilities and expenditure. Financial history check - provides an overview of a clearance subject’s financial history. Clearance decisions/status: 2 ‘ineligible’ refers to a determination by a vetting agency that a clearance subject is not eligible for an Australian Government security clearance as they do not hold Australian citizenship and/or have a checkable background ‘deny’ refers to a determination by a vetting agency that a clearance subject is not eligible to hold a Australian Government security clearance at one or more clearance levels ‘grant’ refers to a determination by a vetting agency that a clearance subject is eligible and suitable to hold an Australian Government security clearance ‘grant – conditional’ refers to a determination by a vetting agency that the clearance subject is eligible and suitable to hold an Australian Government security clearance with conditions and/or after care requirements are attached to the clearance ‘cancel’ refers to a Security clearance initiated, but not completed by the vetting agency as the sponsorship of the clearance was removed at the request of the sponsoring agency, the sponsorship or clearance requirement could not be confirmed, or the clearance subject was non-compliant with the clearance process ‘active’ refers to a maintained security clearance that is sponsored by an Australian Government agency, and being maintained by a clearance holder and sponsoring agency ‘inactive’ refers to a security clearance that is within the revalidation period, however the clearance: - is not sponsored by an Australian Government Agency - is not being maintained by the clearance holder for a period greater than six months due to long term absence from their role - for the Positive Vetting level an annual security check was completed within the last two years - can be reactivated or reinstated provided the clearance is sponsored by an Australian Government agency before the end of the revalidation period, and - cannot be reactivated until all change of circumstances notifications covering the period of inactivity have been assessed by a vetting agency. ‘expired’ refers to a security clearance that: - is outside the revalidation period and is not sponsored by an Australian Government agency - is a PV clearance and did not have an annual security appraisal completed within a two year period - cannot be reactivated and reinstated, and - reverts to an initial security clearance assessment process if an Australian Government agency provides sponsorship after the end of the revalidation period. ‘Ceased’ refers to a security clearance: - that has been denied or revoked - that may have time-based conditions on when a clearance subject or holder can reapply for a security clearance, and 3 - 11. where the clearance subject or holder is ineligible to hold or maintain a security clearance. Additional terms used in this Protocol can be found in the PSPF – Glossary of Terms. 1.4. Agency responsibilities in personnel security 12. Effective personnel security management is a responsibility of all agency personnel including, senior management, line managers, HR areas, and security areas. 1.4.1. Agency heads 13. Responsibility for development, implementation and maintenance of personnel security management ultimately rests with the agency head. 14. Agency heads set: leadership/vision and values employment standards the agencies risk tolerance, and culture through policy, procedures and education. 1.4.2. Line managers 15. Line managers play a key role in personnel security. They are more likely than agency security staff to have a detailed and accurate knowledge of their employees and the duties of a position in their work area. 16. Line managers are responsible for: positively influencing the protective security behaviour of their personnel monitoring employee behaviour, and reporting any concerns about a staff member’s suitability for access to official resources to the agency security section. 1.4.3. 17. Agency personnel All agency personnel are responsible for: applying the ‘need-to-know’ principle being aware of the importance of their role in, and responsibility for, ensuring the maintenance of good personnel security practices throughout the agency reporting issues of concern complying with agency pre-engagement, ongoing suitability and security clearance processes, and complying with Australian Government-wide and agency-specific standards for the protection of Australian Government security classified resources. 4 1.4.4. Need-to-know principle 18. Agencies are to limit access to, and dissemination of, Australian Government resources to those personnel who need the resources to do their work. 19. Agencies are to limit access to, and dissemination of, Australian Government security classified resources to those who hold the appropriate level of clearance. 20. Agencies are to provide information on the ‘need-to-know’ principle to all personnel as part of their security awareness training. 1.5. Policy exceptions 21. Exceptional circumstances or emergencies may arise that prevent agencies from applying relevant controls identified in the PSPF. These may be either of an ongoing or of an emergency nature. 22. Policy exceptions can be made for an ‘are to’ or ‘is to’ statement. By making a policy exception, an agency head is acknowledging that the agency: is not applying the specified control is aware of and willing to accept the risk posed to their agency, and will manage the risk in another way. 23. Agencies cannot make policy exceptions to AUSTEO and Eyes Only access requirements. For further information see Foreign Nationals with non-Australian Government security clearances. 24. Agencies are to document their policy exceptions, including the risk assessment, in accordance with their agency specific policies and procedures. 25. Where appropriate, policy exceptions and risk assessments may cover policy decisions relating to types of activity, rather than individual instances. 1.5.1. Functional equivalents 26. Where agencies use alternative personnel security measures that provide the same or better functionality than specified controls, a policy exception is not required. 27. Before agreeing to the use of alternative protective security measures an agency head, or delegate, should seek expert advice to confirm that the technical performance requirements of the proposed measures meet or exceed those of the specified control. 28. For further information see Governance arrangements – Audit, reviews and reporting. 1.6. Sharing personal information 29. The Australian Government expects agencies and vetting agencies to share information relevant to the ongoing suitability of personnel to access Australian Government resources. 30. Agencies are to obtain written ongoing consent from all personnel (existing and potential) to share information with other agencies for the purposes of assessing their ongoing suitability. This 5 includes employment screening and security clearance processes. A template informed consent form is provided at Annex C of the Personnel security guidelines – Agency personnel security responsibilities and Annex H of the Personnel security guidelines – Vetting practices. 31. Sharing relevant information does not breach an individual’s privacy provided that informed consent is received and the information is used for the purpose for which consent is provided. For further information see Annex D of the Personnel security guidelines – Agency personnel security. 32. In order to prevent or minimise the impact of security concerns agencies may provide relevant information about personnel to: law enforcement agencies intelligence agencies potential gaining agencies (prior to personnel transferring), and other agencies that are affected by a security concern. 33. Agencies are to include a contractual requirement for service providers and contracting companies to seek written consent to share information with the agency from all the service provider’s or contracting company’s personnel who may access the agencies’ resources. The agency may then on behalf of the Commonwealth share this information with other agencies for the purposes of assessing suitability to access Australian Government resources. See Annex C of the Personnel security guidelines – Agency personnel security responsibilities for a template informed consent form. 34. For further advice on protective security in contracting see Governance arrangements – Contracting. 6 2. 35. 36. Components of personnel security Personnel security comprises three major components: employment screening; maintaining ongoing suitability, and separation activities. An agency’s approach to personnel security is to be comprehensive and ongoing. The following table gives examples of measures at the various stages. 7 Table 1 – Summary of personnel security components Personnel security measures Examples of tools, techniques and services Employment checks Identity proofing National Identity Proofing Guidelines including document verification Eligibility Australian Citizenship (or correct visa) Qualification checks Certificate verification for mandatory qualifications Previous employment checks Referee checks Criminal records check No exclusion check under the spent conviction scheme unless agency has partial or full exemption, Agency specific checks Credit checks, drug screening, etc. Monitoring & evaluation Maintaining ongoing suitability Education Employment screening Stage Initial security clearances Suitability assessments by vetting agencies Countering manipulation Employee security awareness programs, contact reporting scheme Security culture Using incentives to encourage the reporting of security issues Access controls Physical and logical access privileges IT passwords, access passes, codes Protective monitoring Physical access and IT systems monitoring System audit processes Investigations Gather evidence about security breaches for possible Code of Conduct or criminal prosecution Ongoing employment suitability checks Change of circumstances Agency specific screening Periodic credit checks, drug screening, etc. Security clearance maintenance Periodic revalidations Annual health check Change of circumstances Contact reporting Separation activities Reviews for cause Ongoing obligations briefing Post-employment personnel security Security clearance debrief obligations under Crimes Act/ Exit interview Criminal Code and other legislation Withdrawal of access Cancelling ID passes and ICT access Security clearance actions Advice to vetting agency of the separation Advice to ASIO where security concerns are present 8 3. Identifying personnel security risk Mandatory Requirement GOV 6: Agencies must adopt a risk management approach to cover all areas of protective security activity across their organisation, in accordance with the Australian Standard AS/NZS ISO 31000:2009 Risk Management— Principles and Guidelines and the Australian Standards HB 167:2006 Security risk management 37. An agency’s protection against threats is only as good as the weakest element of its protective security (governance, information security, physical security and personnel security). 38. Adopting a comprehensive, risk-based approach to personnel security is important in the protection of an agency’s resources because: 39. it identifies an agency’s vulnerability to a range of insider and other threats it allows appropriate mitigation strategies to be implemented to manage these risks, and it delivers a level of assurance about the credentials and integrity of the agency’s workforce. Agencies are to have personnel security measures that: meet other agencies’ expectations for information sharing arrangements, and meet or exceed the minimum controls for the protection of Australian Government resources. 3.1. Personnel security risk assessments 40. The use of appropriate personnel security measures can prevent or deter a wide variety of insider and other threats that may include: the disclosure or altering of Australian Government information the use of Australian Government resources without authorisation corruption, theft or fraud sabotage, or unauthorised third party access to Australian Government resources. 41. For further advice see Managing the Insider Threat to your Business. 42. Based on their personnel security risk assessment, agencies are to determine what checks are required for employment screening, ongoing suitability to access agency resources and for separation from the agency. These may include agency specific employment screening checks or security clearances. For example, the Australian Federal Police have a program of random drug and alcohol testing. 43. For further advice on undertaking a personnel security risk assessment, see the United Kingdom Centre for the Protection of National Infrastructure publication Personnel Security Risk Assessment: A guide. 9 4. Employment screening Mandatory Requirement PERSEC 1: Agencies must ensure that their personnel who access Australian Government resources (people, information and assets): are eligible1 to have access have had their identity established are suitable2 to have access, and agree to comply with the Government’s policies, standards, protocols and guidelines that safeguard the agency’s resources from harm. 44. Agency heads set the minimum suitability requirements for all new staff employed in their agencies, based on the agency risk assessment, any agency-specific legislation and the Australian Government’s expectation that agencies have in place measures to facilitate resource sharing. These requirements are normally conditions of engagement or ongoing conditions of employment and may include character checks and security clearances. For further advice see the Australian Public Service Commission publication Conditions of engagement. 45. Agencies are to ensure all personnel agree that they are responsible for safeguarding against loss, misuse or compromise any Australian Government resources for which they are responsible by obtaining a signed confidentiality agreement. 46. All personnel requiring ongoing access to Australian Government security classified information or resources are to have security clearances. This includes contractors and service providers; see Section 6 - Agency security clearance requirements. 47. Agencies need to confirm that the person is an Australian Citizen or has a valid visa with work rights, by sighting the documents in support of citizenship or visa. For further information see the Department of Immigration and Border Protection. 4.1. Recommended employment screening 48. Agencies are to undertake employment screening for all new personnel. This screening will allow access to unclassified official resources. 49. Agencies should undertake employment screening that meets or exceeds the Australian Standard 4811-2006: Employment Screening. 1 For agencies enabled by the Public Service Act 1999 eligibility refers to the requirements for engagement of APS employees listed in section 22 of the Public Service Act 1999. Agencies not enabled by the Public Service Act 1999 should refer to the requirements of engagement of personnel contained within their own enabling legislation. 2 To be suitable personnel need to demonstrate qualifications and/or experience required of the position including satisfaction of any agency specific requirements. Agency specific requirements may include demonstration and compliance with relevant codes of conduct (e.g. APS Code of Conduct), behaviours and/or values. 10 50. Further details on assessing employment screening checks are in the Australian Government personnel security guidelines—Agency personnel security responsibilities. 51. Agencies should, based on their risk assessment, undertake periodic reassessments of suitability for employment. 4.2. Agency-specific employment screening checks 52. Additional screening checks (e.g. drug and alcohol testing) are agency-specific and are separate from the security clearance process. 53. Additional screening may include: conducting a credit reference check obtaining a conflict of interest declaration, or obtaining a signed Statutory Declaration from the person declaring all information provided to the agency is truthful and complete. 54. Agencies should advise applicants where additional screening is required as part of a condition of engagement or an ongoing condition of employment. Agencies should identify this requirement when advertising a vacancy or before offering employment. 55. While a prospective employee may meet the minimum requirements for an Australian Government security clearance, he or she may not meet the agency’s screening requirements and vice-versa. 56. If agency-specific checks identify issues relevant to a clearance subject’s suitability for a security clearance the agency is to share this information with the vetting agency. 57. If agency specific checks identify issues relevant to national security, the agency is to share this information with ASIO. 58. The vetting agency/ASIO may instigate supplementary security clearance assessments as a result of this information. 59. Agencies are responsible for reviews of their agency specific checks. 4.3. Recording results of employment and additional agency specific screening 60. Agencies are to record the results of the employment screening for successful applicants and any additional agency specific screening relating to each person. 61. Agencies should, based on their operating requirements, determine whether to create a separate Personal Security File for each employee or add the results to their personnel file. 4.3.1. 62. Additional information Additional information on employment screening is available from: 11 AS4811-2006: Employment Screening HB 323-2007: Employment Screening Handbook AS 8001-2008: Fraud and Corruption Control section 10 of the Public Governance, Performance and Accountability Rule 2014 (Fraud Rule) APS Conditions of engagement. 12 5. Ongoing suitability for employment Mandatory Requirements PERSEC 2: Agencies must have policies and procedures to assess and manage the ongoing suitability for employment of their personnel. GOV 1: Agencies must provide all staff, including contractors, with sufficient information and security awareness training to ensure they are aware of, and meet the requirements of the PSPF. 63. An agency’s policies and procedures to assess and manage the ongoing suitability for employment of their personnel will be determined by the agency’s security risk assessment; see Section 3 identifying personnel security risks. 5.1. Security awareness, training and education 64. Security awareness, training and education provide personnel with information on their responsibilities under the PSPF and their agency specific responsibilities. Training may include induction sessions, attaining formal qualifications and professional development. 65. Agencies are to determine specific security training or briefings required by their personnel. This may include but is not limited to: 66. personal safety and security measures in agency facilities and in the field confidentiality requirements for information, including intellectual property self-managing risk information control measures (need-to-know) overseas travel safety and security contact reporting incident reporting unusual and suspicious behaviour, and handling and security requirements for valuable assets. For further advice see the Australian Government personnel security guidelines—Agency personnel security responsibilities, Section 8.2. 5.2. Performance management 67. Agencies should include personnel security compliance as part of their personnel performance management. 5.3. Conflict of interest 68. Public confidence in the integrity of personnel is vital to the proper operation of government. Confidence may be jeopardised if the community perceives a conflict of interest. Personnel need to be aware that their private interests, both financial and personal, could conflict with their official duties. 13 69. Ultimately it is the agency head's responsibility to determine what actions are taken where there is a conflict. While it is best to avoid a conflict, it is not always practical. Agencies are to establish processes that deliver effective personnel security outcomes and that withstand scrutiny. 5.4. Incident investigation 70. Agencies are to investigate reports of a security incident in accordance with their agency specific policies and procedures. 71. Agencies are to consult with the AFP, jurisdictional police, ASIO and/or ASD where the security incident may have criminal or National Security implications. 72. For further details on undertaking an investigation see Protective security governance guidelines— Reporting incidents and conducting security investigations and the Australian Government Investigation Standards .These guidelines also provide advice on referring matters to the appropriate law enforcement agencies, ASIO and the Australian Signals Directorate, depending on the nature of the incident. 5.5. Monitoring, evaluating and recording of ongoing personnel suitability 73. Employment screening and subsequent employment checks provide only a snapshot of the employee’s suitability at a point in time. 74. Based on their personnel security risk assessments, agencies are to have policies and procedures in place to monitor ongoing suitability of staff. These may include: requiring managers to monitor all personnel’s continuing suitability to access Australian Government resources advising personnel what personal behaviours or concerns that they are required to report— e.g. criminal arrests or convictions, change of circumstances, contacts that are suspicious, on-going, unusual or persistent and other significant incidents. For more information see Section 8 - Agency responsibilities for active monitoring of clearance holders providing guidance to personnel on reporting suspect conduct by other personnel, and undertaking periodic employment re-screening. 75. Agencies should determine the period between original screening and any subsequent re-screening. The period will depend on the agency’s risk profile and any specific risks associated with the position. 76. Agencies should record the outcomes of their monitoring and evaluations on the same file as any employment screening results. 14 6. 77. Agency security clearance requirements Agency heads may require a security clearance as a condition of employment. A security clearance is a determination by a vetting agency that an individual is suitable to access security classified resources. 6.1. Cooperation in the clearance process 78. Agencies are to advise clearance subjects of their responsibilities to comply with the vetting process. Where possible, agencies should assist clearance subjects to provide accurate and complete information that is timely. 79. Clearance subjects are to cooperate with the vetting agency throughout the clearance process, including by providing within the timeframes advised: a completed clearance pack copies of any requested supporting documents, and complete and truthful responses. 80. Vetting agencies are to cancel the clearance process for any failure to cooperate in the clearance process. Agencies are to remove any access to Australian Government security classified resources from clearance subjects, if advised by the vetting agency that the clearance has been revoked or the process cancelled. 81. Agencies are to apply this control to all personnel, irrespective of their position or duties. 82. Agencies are not to use temporary access provisions to provide access to Australian Government security classified resources to personnel that are not actively cooperating with the vetting process. 6.2. Identifying and recording positions that require a security clearance Mandatory Requirements PERSEC 3: Agencies must identify, record and review positions that require a security clearance, including the level of clearance required. PERSEC 4: Agencies must ensure their personnel with ongoing access to Australian Government security classified resources hold a security clearance at the appropriate level, sponsored by an Australian Government agency. 83. Anyone requiring ongoing access to Australian Government security classified resources is to hold a security clearance at the appropriate level. 84. An agency head or their delegate is to decide if a role or position requires a security clearance. 85. An agency head may require that all agency staff in a particular category be cleared to a specified level. Factors that may influence this decision include: 15 the nature of the agency’s business an agencies risk assessment the need to access the agency’s security classified information or resources or ICT systems, or the need for increased levels of assurance of employees’ suitability to perform particular roles. 86. Agencies may use security clearances as an assurance measure in addition to their employment screening and agency specific controls for positions where the agency risk assessment deems the security clearance process is to apply. 87. Positions that have a business impact level of high or above may include those: whose occupants have access to aggregations of information or assets, or where the nature of the position requires greater assurance about a person’s integrity; for example, a higher level of clearance with greater background checking to support fraud mitigation or as an anti-corruption measure. 88. Agencies should assess whether the checks undertaken for a security clearance provide the required level of assurance or whether agency-specific checks will better meet their needs. 89. Agencies are to maintain a register of positions that require a clearance. Before advertising a position, agencies are to identify: 90. if the position requires a security clearance the level of clearance required whether the clearance is for access to Australian Government security classified information or to give a level of assurance, and when the requirement for a security clearance will be reassessed. Agencies should periodically reassess the security clearance requirement for positions, at least each time the position becomes vacant and before it is advertised. 6.2.1. 91. Security clearance levels There are four security clearance levels: i. Baseline – provides ongoing access to information or resources up to and including PROTECTED. ii. Negative Vetting Level 1– provides ongoing access to information or resources up to and including SECRET. iii. Negative Vetting Level 2 – provides ongoing access to information or resources up to and including TOP SECRET. iv. Positive Vetting – provides access to certain types of sensitive, caveated, compartmented and codeword information. PV is an additional process that is designed to ensure, beyond reasonable doubt, that a candidate is suitable to access the highest classification of security classified and caveated information. PV builds upon the requirements for the granting and 16 maintenance of Negative Vetting Level 2. PV requirements are managed by the InterAgency Security Forum on behalf of the Australian Intelligence Community and are detailed in the Sensitive Material Security Management Protocol (SM SMP) which is only available to Agency Security Advisers. Positive vetting Negative vetting level 2 Negative vetting level 1 Baseline Employment screening UNCLASSIFIED UNCLASSIFIED with a DISSEMINATION LIMITING MARKER PROTECTED CONFIDENTIAL SECRET TOP SECRET Certain Sensitive and Compartmented Information 1 Table 2 – Information access requirements 2 Notes: 1. Access to Sensitive and Compartmented Information is detailed in the Sensitive Material Security Management Protocol (SMSMP) which is only available to those with a need to know. 2. In certain limited circumstances Compartmented information is available at the NV2 level. For further information see the SMSMP. 6.2.2. 92. 93. Caveat and codeword access Agencies are to liaise with the agency responsible for administering a caveat or codeword to determine the personnel security measures required in addition to a security clearance. This could include but is not limited to: specific compartment briefings, and reporting or restrictions on overseas travel. For further information on access to caveats and codewords, refer to the Australian Government Information Core Policy and supporting Protocol and guidelines; and the SMSMP. 6.2.3. Contractors requiring security clearances 94. Agencies are to identify contractors requiring security clearances for access to security classified information and resources or those requiring a security clearance as a level of assurance, as part of the procurement process. 95. Agencies engaging contractors who will require security clearances are to sponsor the contractor’s clearance. See PSPF—Governance arrangements—Contracting. 96. Contractors may work concurrently for a number of agencies. The agency that is to sponsor a contractor is the agency: first engaging the contractor where a security clearance is required, or 17 requiring the highest level of security clearance. 97. The lead agency for a contract is to sponsor all contractor clearances where a single contract covers a number of agencies—e.g. as the result of a panel arrangement. 98. The lead agency is to ensure that they have arrangements (policies and procedures) in place to ensure the ongoing suitability of contractors in accordance with this protocol. For further information see Section 8.8 – clearance maintenance for contractors. 99. Lead agencies are to ensure that ongoing suitability assessments of contractors are included in the contract. 100. If an interested party becomes aware of a contractor’s change in circumstances, the interested party is to inform the vetting agency. The vetting agency is to inform all other interested parties. For further information on sharing see Section 1.6 - Sharing Personal Information. 6.2.4. Persons employed under the Members of Parliament (Staff) Act 1984 (Cth) (MoPS Act) 101. Special Minister of State Determination 2012/1 directs that Ministerial staff employed under Part III of the Members of Parliament (Staff) Act 1984 (Cth) need to obtain and maintain a Negative Vetting Level 2 security clearance. This direction allows for variation in certain circumstances for electorate officers. For further information see Annex A: Request for variation of Special Minister of State’s Determination 2012/1 for a Minister’s Electorate Officer. 6.3. Australian office holders 102. The following Australian office holders are not required to hold a security clearance to access Australian Government security classified information while exercising the duties of the office: Members and Senators of the Commonwealth, State and Territory Parliaments Judges of The High Court of Australia, The Supreme Court, Family Court of Australia, The Federal Circuit Court of Australia and Magistrates Royal Commissioners, and the Governor-General, State Governors, Northern Territory Administrator, and members of the Executive Council. 103. Other appointed office holders may have enabling legislation which gives the same privileges as the people identified in the preceding paragraph—e.g. Members of the Administrative Appeals Tribunal and Members of the Social Security Appeals Tribunal. 104. Personnel of the office holders in paragraphs 100 and 101 are not exempt from the requirements for a security clearance and are to be security cleared to the appropriate level if they require ongoing access to security classified information. 105. An Australian officer holder’s exemption from the requirements of the PSPF is limited to the requirement for a security clearance. Agencies responsible for managing protective security for 18 Australian office holders are to ensure that classified material in their possession is appropriately safeguarded at all times in accordance with the PSPF. 6.4. Other access arrangements 6.4.1. Foreign Nationals with non-Australian Government security clearances Mandatory Requirement GOV 10: Agencies must adhere to any provisions concerning the security of people, information and assets contained in multilateral or bilateral agreements and arrangements to which Australia is a party. 106. Foreign nationals routinely contribute to Australia’s National Interest through exchange, longterm posting and/or attachment to the Australian Government. 107. Foreign nationals can only access Australian Government security classified information and resources under an Agreement or Arrangement3 if they: access the information in accordance with that Agreement or Arrangement, and hold a security clearance granted by their national government which is recognised by the Australian Government in accordance with the Agreement or Arrangement. 108. Agencies are not to permit non-Australian citizens access to information caveated ‘Australian Eyes Only’ (AUSTEO). Non-Australian citizens can only access other ‘Eyes Only’ information if they are a citizen of a country included in the Eyes Only caveat. 109. Agencies cannot make policy exceptions to AUSTEO and Eyes Only access requirements. For further details see Information security management core policy. 110. In limited circumstances foreign nationals may access information caveated Australian Government Access Only (AGAO). AGAO is used by the Department of Defence, ASIS and ASIO. These agencies may pass information marked with the AGAO caveat to appropriately cleared representatives of foreign governments. 111. AGAO material received in other agencies is to be handled as if it were marked AUSTEO. 112. For further details see the Australian Government information security management guidelines— Australian Government security classification system. 3 An agreement or an arrangement includes treaties, security of information agreements and memorandums of understanding. 19 6.5. Eligibility waivers (citizenship and checkable background) Mandatory Requirements PERSEC 5: Before issuing an eligibility waiver (citizenship or checkable background) and prior to requesting an Australian Government security clearance an agency must: justify an exceptional business requirement conduct and document a risk assessment define the period covered by the waiver (which cannot be open-ended) gain agreement from the clearance applicant to meet the conditions of the waiver, and consult with the vetting agency 113. Agencies are to include details in their annual PSPF compliance report stating numbers and levels of security clearances granted subject to: citizenship waivers, and uncheckable background waivers. 114. Only Australian citizens with a checkable background are eligible for an Australian Government security clearance, unless these eligibility requirements have been waived by the sponsoring agency head. Agency Heads need to be aware that granting an eligibility waiver, does not guarantee that a clearance will be granted by the vetting agency. 115. Sponsoring agencies are to confirm all clearance subjects are eligible, by confirming citizenship and checkable background requirements, prior to requesting a security clearance. 6.5.1. Eligibility waivers 116. An agency head may, under certain conditions waive the citizenship or checkable background requirements for a person to be eligible for a security clearance. 117. An agency head’s decision to waive an eligibility requirement is to be based on a thorough analysis of the risks to the Australian Government and the possible impact on the National Interest. For further information see Personnel security guidelines—Agency personnel security responsibilities. 118. Agency heads need to be aware of the inherent risks posed from a malicious trusted insider when granting eligibility waivers. Any decision to grant a waiver needs to be assessed against and linked to the agency’s risks. Agency heads need to be aware that by granting a waiver, they are taking on a risk that may be detrimental to the Australian Government. If the documents supporting the waiver do not fully detail the risks to the National Interest, mitigations and any residual risks, the vetting agency may reject the request for security clearance. 119. The vetting agency is to record, or place, the waiver on the clearance subject’s Personal Security File. 20 120. An eligibility waiver is role-specific, non-transferable, finite and subject to review. In other words, the waiver is to apply only while the clearance holder remains in the position for which the clearance was granted. 121. The waiver is not to follow the clearance holder to any other position without review. An eligibility waiver is not open-ended and is to be subject to regular review to confirm that there is a continuing requirement for the waiver. 122. Agencies are to reassess eligibility waivers yearly. 6.5.2. Non-Australian citizens 123. An agency is to only grant an eligibility (citizenship) waiver where: it has been identified that there is no Australian citizen who could fill the position, and the agency understands and agrees to manage the risk. 124. Permanent residence status is not an acceptable alternative to the citizenship requirement. 125. The vetting agency may decline the request for clearance if, notwithstanding the citizenship waiver, other minimum checks are unable to be made, or standards met. It may not be possible for the vetting agency to conduct the required checks overseas or, if checks can be conducted, to have confidence in the level of assurance provided by the checks. 126. Non-Australian citizens are not to access information caveated ‘Australian Eyes Only’ (AUSTEO). Foreign nationals can only access other ‘Eyes Only’ information if they are a citizen of a country included in the Eyes Only caveat and have a need to know. Agencies cannot make policy exceptions to AUSTEO and Eyes Only access requirements. 6.5.3. Uncheckable backgrounds 127. A checkable background is established when a vetting agency has validated information provided by a clearance subject with respect to their background from independent and reliable sources. 128. A clearance subject has an uncheckable background when the vetting agency cannot complete the minimum checks and inquiries for the relevant checking period, or the checks and inquiries, where able to be made, do not provide adequate assurance about the clearance subject’s life or background. In these circumstances, the vetting agency may decline the request for a clearance. 129. Any clearance subject that has spent greater than 12 months (cumulative) out of Australia within the requisite background checking period is to be considered to have an uncheckable background (if their periods of time out of Australia cannot be verified from independent and reliable sources). If the clearance subject’s periods of time out of Australia cannot be verified from independent and reliable sources, the subject is to be assessed by the vetting agency as ineligible to be considered for an Australian Government security clearance. 130. Vetting agencies are to consider the security risk to the Australian Government as the primary factor when assessing whether a person is considered to have a checkable background, and therefore whether they are eligible to be considered for an Australian Government security clearance. 21 131. For an individual to be eligible for an Australian Government security clearance, background checks should generally be able to be undertaken in Australia. It is expected that individuals sponsored by agencies for an Australian Government security clearance will have strong, established ties to Australia. 6.5.4. Conditions for clearances subject to an eligibility waiver 132. Clearances granted with eligibility waivers are to be subject to strict conditions. These may include conditions such as but not limited to: the continuation of the eligibility waiver being conditional on the applicant taking Australian citizenship as soon as they are eligible where the subject has indicated they are actively seeking citizenship or do not have a valid reason not to seek citizenship the agency not allowing non-Australian citizens granted a waiver access to ‘Eyes Only’ information unless it includes the person’s country of citizenship and they have a need to know the agency not granting access to security classified information from a foreign government without the written agreement of that foreign government or as outlined in the provisions of any information sharing agreements, and the agency limiting access to security classified information to that required to perform the specific duty identified. 133. Sponsoring agencies are to ensure a person subject to a waiver follow any conditions placed on the clearance. Sponsoring agencies are to advise vetting agencies of any non-compliance with conditions of the waiver. 134. The vetting agency is to cease a clearance where the clearance subject does not adhere to the conditions of the waiver. 135. The sponsoring agency is to reassess the waiver and advise the vetting agency if the clearance subject changes duties. 6.6. Locally engaged staff 136. Locally engaged staff who are not Australian citizens, may be granted a ‘diplomatic mission clearance’. ‘Diplomatic mission clearances’ are recognised as clearances within the mission they are granted, they are role specific and are not portable. For information about locally engaged staff (LES) in diplomatic missions contact DFAT. 137. The Australian Trade Commission (AUSTRADE) is a managing agency under the Guidelines for Management of the Australian Government Presence Overseas (February 2007). Accordingly, AUSTRADE conducts security screening for its LES, and for those of attached agencies where applicable. 138. An agency may grant an eligibility (citizenship) waiver for LES where: the preferred person for a position requiring a security clearance is not an Australian citizen, and the agency understands and agrees to manage the risk. 22 6.7. State or Territory government security clearances 139. The Australian Government recognises security clearances up to Negative Vetting 2 issued by the States and Territories if the clearance is undertaken for their own personnel and has been processed in accordance with the Australian Government Personnel Security Protocol and supporting guidelines. State and Territory clearances may be transferred between other State and Territory agencies and the Commonwealth. This is in accordance with the Memorandum of Understanding on the Protection of National Security Information between the Commonwealth and States and Territories (2007). Note: The Australian Security Intelligence Organisation Act 1979 (Cth) restricts ASIO from passing Security Assessments directly to the States and Territories. Requests by the States and Territories for ASIO Security Assessments are facilitated through the Attorney General’s Department or the sponsoring Commonwealth agency. 23 7. Temporary access to classified information arrangements Mandatory Requirements PERSEC 4: Agencies must ensure their personnel with ongoing access to Australian Government security classified resources hold a security clearance at the appropriate level, sponsored by an Australian Government agency. GOV 6: Agencies must adopt a risk management approach to cover all areas of protective security activity across their organisation, in accordance with the Australian Standard for Risk Management AS/NZS ISO 31000:2009 and the Australian Standards HB 167:2006 Security risk management. 140. Temporary access allows limited, supervised access to security classified resources. 141. Temporary access is not a security clearance. 142. Temporary access provisions are not to apply to positions where security clearances are used only as a measure of assurance, where there is no access to classified information. 7.1. Temporary access conditions 143. Agencies are not to use temporary access provisions for routine business needs or as a substitute for sound personnel management (for temporary access provisions for MOPS personnel see section 7.2). 144. Agencies are to base any decision to approve temporary access on a documented risk assessment. Agencies should consider any existing mitigating factors as part of the risk assessment—e.g. holding a security clearance at a lower level, employment screening or any agency specific checks undertaken. For further details on undertaking a temporary access risk assessment, see the Australian Government personnel security guidelines—Agency personnel security responsibilities. 145. Agency head written approval is to be sought and granted for any temporary access arrangements. 146. Prior to granting temporary access the sponsoring agency is to confirm with the vetting agency that there are no known concerns about the person who may be given temporary access. 147. The vetting agency is to advise the sponsoring agency of any existing or prior limitations on the person requiring access. 148. If advised of any concerns by the vetting agency, the sponsoring agency is to base any decision to remove the clearance subject’s temporary access to security classified information and resources on a documented risk assessment. 149. The sponsoring agency is to withdraw temporary access to security classified resources if concerns cannot be mitigated. 24 150. Agencies are not to use temporary access arrangements for access to: TOP SECRET classified resources unless the person requiring access holds a Negative Vetting Level 1 clearance. caveat, compartmented or codeword information. 151. Temporary access to TOP SECRET resources (where the person does not hold a Negative Vetting Level 1 clearance), or caveat, compartmented or codeword material may only be given after a policy exception is approved by the agency head. Agencies should seek agreement from the information owners and compartment controllers, prior to granting temporary access to TOP SECRET resources. 152. Sponsoring agencies are to advise the vetting agency of any temporary access approved. The vetting agency is to record the access on the clearance subject’s PSF and/or security records database. 7.1.1. Types of temporary access 153. There are two types of temporary access arrangements: i. short term access –allows an employee access to Australian Government classified resources where they do not hold a clearance at the appropriate level and are not being assessed for a clearance or are yet to submit a completed clearance pack, and ii. provisional access – access to Australian Government classified resources while a clearance subject is undergoing a clearance after they have submitted a completed clearance pack. 25 Table 3 – Summary of temporary access requirements Short term access Provisional access Period of access Maximum of 3 months in one calendar year 2 Until clearance granted or denied, or suitability concerns are identified by the vetting agency Classified Resources allowed TS SCI TS1 S2, C2 P TS SCI TS 1 S2, C2 P Requirements: documented risk assessment Agency head written approval The person and their manager have signed an undertaking to protect official resources Security briefing by home agency Approval of information owner required N/A Complete pack with vetting agency Vetting agency advised there are no obvious suitability concerns Employment screening Agency specific checks Clearance at a lower level Knowledge of personal history (TS – TOP SECRET; S – SECRET; C – CONFIDENTIAL; P – PROTECTED) Notes: 1. Only allowed in exceptional circumstances with an existing NV1 clearance and agency head approval (for temporary access provisions for MOPS personnel see section 7.2). 2. Only allowed in exceptional circumstances Risk mitigations may include: 7.1.2. Short term access 154. Short term access to Australian Government security classified resources may be allowed where there is an unforeseen requirement for access. Short term access is for a maximum of: a continuous period of three months, or an aggregation of shorter periods of no more than three months in one calendar year. 155. Short term access to PROTECTED can be based on a business need. 156. Agencies are to only approve short term access to CONFIDENTIAL or SECRET classified resources in exceptional circumstances where: the exception is critical to the agency meeting its outcomes, and the risks to the agency can be mitigated or managed. 157. Agencies are to only approve short term access to TOP SECRET classified resources in exceptional circumstances where: the person requiring access holds a Negative Vetting Level 1 clearance the exception is critical to the agency meeting its outcomes, and the risks to any affected agency can be mitigated or managed. 26 7.1.3. Provisional access 158. Sponsoring agencies may approve provisional access for up to SECRET security classified resources where there is a sound business case to support access during the clearance process. 159. Agencies are to only approve provisional access to TOP SECRET classified resources in exceptional circumstances where: the person requiring access holds a Negative Vetting Level 1 clearance the exception is critical to the agency meeting its outcomes, and the risks to any affected agency can be mitigated or managed. 160. Before granting provisional access, sponsoring agencies are to confirm with the vetting agency that: the clearance applicant has submitted a completed clearance pack and required documents, and there are no readily identifiable suitability concerns. 161. Agencies may approve provisional access until the clearance process is complete. Agencies may change the type of temporary access from short term to provisional once the vetting agency has confirmed it has received the completed pack and advises there are no concerns. 7.2. Temporary access for MOPS Act staff 162. It is reasonable to expect that some staff employed by an Australian Government Minister under the MOPS Act will require temporary access. This is particularly relevant following any change of Government. 163. MOPS Act Staff may be given temporary access to TOP SECRET information, where there is a need to know, without the requirement to hold a Negative Vetting Level 1 clearance, subject to: a detailed risk assessment consultation with the information originators, and the risks to any affected agency can be mitigated or managed. 164. MOPs Staff are not to be given temporary access to sensitive compartmented, codeword or caveat information 165. A Minister’s Portfolio Department should approve short term access for new MOPS Act staff for the Department’s Minister until their security clearances are granted unless advised to withdraw the access due to concerns including non-compliance with the clearance process. 166. The vetting agency is to notify the Portfolio Department and the Department of Finance of any concerns or non-compliance with the security clearance process. 167. The Department of Finance is to advise Portfolio Departments of any Ministerial staff whose clearance process has been cancelled for non-compliance with the security clearance process. 27 168. The Portfolio Department is to withdraw any temporary access to security classified information for MOPS staff whose clearance process has been cancelled. For more information see Section 6.1 – Cooperation in the clearance process. 28 8. Vetting agency responsibilities Mandatory Requirements PERSEC 6: Agencies other than authorised vetting agencies must use the Australian Government Security Vetting Agency to conduct initial vetting and reviews. PERSEC 8: Sponsoring and vetting agencies must share information that may impact on an individual’s ongoing suitability to hold a security clearance. 8.1. Authority to make clearance decisions 169. Only vetting agencies are authorised to make clearance decisions. 8.1.1. Confirming eligibility for a security clearance 170. Vetting agencies are to confirm citizenship and checkable background eligibility for all clearance subjects. 171. If citizenship cannot be confirmed or there is an uncheckable background, the vetting agency is to advise the sponsoring agency that the eligibility criteria have not been met and the clearance request is cancelled. 172. Vetting agencies may impose an exclusion period that precludes the clearance subject from reapplying until the eligibility criteria is satisfied. 173. Sponsoring agencies may choose to consult with the vetting agency to initiate an eligibility waiver. 8.2. Assessing Suitability 174. Vetting agencies are to: conduct all minimum mandatory checks, as detailed in Table 4, and any appropriate supplementary checks, and collect all relevant, reliable and independently verified information before assessing a clearance subject’s suitability to hold a security clearance take into account the result of all checks and inquiries as the basis for determining suitability assess clearance subjects against common factor areas in accordance with the Adjudicative Guidelines, as detailed in Section 5 of the Australian Government personnel security guidelines - Vetting practices resolve any doubts about suitability for access to security classified resources in favour of the National Interest, and identify any risk management or specific clearance maintenance conditions relating to the clearance. 175. Vetting agencies should consider any information they become aware of, that is relevant to suitability, even if the matters falls outside of the minimum checking period. 29 176. The vetting agency is to deny a security clearance where any reasonable doubts about the clearance subject’s suitability that cannot be resolved. Reasonable doubt exists when concerns regarding the suitability of a clearance subject remain after all minimum and any supplementary checks are completed. 8.2.1. Supplementary checks and inquiries 177. Vetting agencies are to conduct appropriate supplementary checks and inquiries if the minimum checks are insufficient to clearly establish the clearance subject’s suitability or unsuitability. For further details on supplementary checks see Australian Government personnel security guidelines Vetting practices. 8.2.2. Mitigation 178. Where the background assessment, including supplementary checks, identifies a personal vulnerability, the vetting agency is to determine if there are any mitigating factors. Mitigating factors are detailed in section 5 of the Personnel security guidelines - Vetting practices. 8.2.3. Vetting agency consultation with sponsoring agencies 179. Vetting agencies are to advise sponsoring agencies of any information provided as part of the vetting process or ongoing clearance maintenance that may impact on a person’s suitability to access Australian Government resources or where risk mitigation measures are required. 180. Vetting agencies are to consult with sponsoring agencies before granting a security clearance that imposes additional clearance maintenance conditions. 181. If mitigation is not satisfied by agreement to additional clearance maintenance conditions by either the clearance subject or sponsoring agency, the vetting agency is to deny the clearance. 8.3. Vetting decisions 182. Vetting agencies are to base all vetting on an assessment of the whole person—See the Adjudicative Guidelines. 183. The vetting agency is to advise the clearance subject and sponsoring agency in writing of the decision to grant including any risk mitigations, deny, deem ineligible or cancel a security clearance and any conditions imposed. 8.4. Failure to comply with the clearance process 184. The vetting agency is to cancel a clearance process and notify the sponsoring agency where a clearance holder does not comply with the clearance process requirements. 30 8.5. Personnel security checks for initial clearances Table 4 – Minimum personnel security checks and requirements for initial clearances1 Postive Vetting Psychological assessment Negative Vetting 1 Digital footprint checks Financial statement Baseline Vetting Qualification verification 2 Negative Vetting 2 Financial probity check Security interview Security interview Digital footprint checks 3 Financial statement Digital footprint checks 3 Financial statement 3 and supporting documents Suitability screening questionnaire Suitability screening questionnaire Suitability screening questionnaire ASIO assessment ASIO assessment ASIO assessment Qualification verification 2 Qualification verification 2 Qualification and document verification Professional referee check 4 Referee checks (including 1 professional) 4 Referee checks (including 1 professional and 1 un-nominated) 4 Police Records Check (No Exclusion) 5 Police Records Check (Full Exclusion) 5 Police Records Check (Full Exclusion) Financial history check Financial history check Financial history check 8 Police Records Check (Full Exclusion) Financial history check 6 10 year background check Official secrets declaration Official secrets declaration Official secrets declaration Official secrets declaration Statutory Declaration Statutory Declaration Statutory Declaration Statutory Declaration 6 6 6 Identity verification 6 5 year background check Identity verification Identity verification 6 5 Referee checks (including 1 professional and 1 un-nominated) 4 10 year background check Identity verification 6 Whole of life background check 7 Notes: 1. Suitability is assessed against the criteria contained in the Australian Government personnel security guidelines - Vetting practices section 5 (Adjudicative guidelines) 2. Qualifications checks should be part of an agency employment screening process where qualifications are claimed and/or mandatory. 3. Financial statement – provides a detailed summary of a clearance subject’s assets, income, liabilities and expenditure, see the Australian Government personnel security guidelines - Vetting practices section 4.6.2. 4. Referees are to collectively cover the whole checking period. Professional checks are to cover at least the preceding 3 months. Additional referees may be required. 5. The application of spent convictions legislation will vary dependent on the jurisdiction in which the offence occurred. 6. Identity checked in accordance with the Australian Identity Proofing Guidelines (level 3 for baseline and NV1 and level 4 for NV2 and PV). In addition to documentation to confirm residential addresses, employment, supporting documentation is also required to confirm citizenship status, and if relevant overseas travel see Australian Government personnel security guidelines - Vetting practices 7. For further details see the Sensitive Material Security Management Protocol 8. Financial history check - provides an overview of a clearance subject’s financial history. See the Australian Government personnel security guidelines - Vetting practices section 4.6.2 for further details on financial history checks. 31 185. Table 4 shows the hierarchy of checks and processes that reflects the level of assurance required for each level of security clearance. 8.5.1. Statutory declaration 186. Clearance subjects are to sign a Statutory Declaration made under the Statutory Declarations Act 1959 (Cth) that confirms: they have provided complete and truthful information to the vetting agency they have not altered the original documents or the copies provided to the vetting agency, and the original documents relate specifically to them. 187. For further information on the requirements see Statutory Declarations. 8.5.2. ASIO Security Assessment 188. Either the Commonwealth vetting agency, or the Commonwealth facilitating agency for State and Territory assessments, is to obtain an ASIO Security Assessment for all NV and PV clearance subjects. The only exception is where the vetting agency has already assessed that the person would be unsuitable for a security clearance regardless of any assessment ASIO might make. For further information see the Australian Government personnel security guidelines—Vetting practices. 189. Vetting agencies are to provide ASIO with the details of any security concerns about the clearance subject. 8.6. Reviews of security clearances 190. Vetting agencies are to undertake: periodic revalidations of security clearances, and reviews for cause for all clearances where concerns about a clearance holder’s suitability to hold a clearance are identified. For further information see Section 10.6.2 - Reviews for cause. 191. The vetting agency is to advise the clearance subject’s sponsoring agency of any review/investigation being undertaken by the vetting agency, to allow the sponsoring agency to assess whether to deny access pending the outcome of the review. 8.6.1. Periodic Revalidations 192. Vetting agencies are to periodically initiate revalidations of all Baseline, Negative and Positive Vetting security clearances. 193. The requirements for the revalidation of security clearances are listed in Table 5. The table shows the hierarchy of checks and processes that reflect the level of assurance required for each level of security clearance. Vetting agencies are to undertake additional checks to resolve concerns on a case-by-case basis. 32 Table 5: Summary of minimum revalidation requirements Baseline Negative vetting level 1 Negative vetting level 2 Positive vetting To be undertaken by vetting agencies at least every 15 years. To be undertaken by vetting agencies at least every 10 years. To be undertaken by vetting agencies at least every 5 years. To be undertaken by vetting agencies at least every 5 years. Updated personal particulars covering period since previous vetting Updated personal particulars covering period since previous vetting Updated personal particulars covering period since previous vetting Updated personal particulars covering period since previous vetting Police records check (No exclusion) Police records check (Full exclusion) Police records check (Full exclusion) Police records check (Full exclusion) Financial history check Financial history check Financial history check Financial history check 1 professional referee check 1 professional referee check 2 referee checks – (including 1 professional and 1 un-nominated) 3 Referee checks (including 1 professional and 1 un-nominated) ASIO check ASIO check ASIO check Financial statement Financial statement Financial statement and supporting documents Interview Interview Psychological assessment 8.6.2. Reviews for cause 194. A review for cause may be initiated whenever a security concern regarding a clearance subject arises. 195. Upon receipt of information raising concerns about the suitability of a clearances holder, vetting agencies are to assess if a review for cause is warranted. 196. Prior to initiating a review for cause the vetting agency is to advise the sponsoring agency and interested parties (for contractors). If the sponsoring agency or interested parties (for contractors) advises of any ongoing investigation that might be compromised by the review for cause the vetting agency should not commence the review until the investigation is complete. 197. Vetting agencies should advise the clearance subject prior to starting any reviews for cause, and the reasons for the review. 198. Sponsoring agencies should advise the clearance subject of their responsibility to comply with the review for cause process. 199. Vetting agencies are to undertake any checks required to resolve the concern(s) that led to the initiation of the review for cause. This may include: targeted checks to resolve an issue, or a full revalidation if the concerns are wide ranging. 200. Vetting agencies are to advise both the clearance subject and the sponsoring agency including interested parties (for contractors) of the review for cause outcome. 33 8.7. Adverse findings 201. Decisions and actions taken during a security clearance could be subject to judicial review. Vetting agencies will need to demonstrate that they have met the requirements of procedural fairness. For further information see section 6.2 of the Australian Government personnel security guidelines – Vetting practices. 202. Where a decision is made to deny a clearance, the vetting agency is to inform the clearance subject of the procedures for seeking a review of the decision. 203. The vetting agency is to also advise the sponsoring agency of the decision to deny the clearance. 204. Vetting agencies are to report any denial of NV and PV security clearances, including any exclusion periods, to ASIO. 8.8. ASIO-initiated review of ASIO Security Assessment 205. ASIO may provide preliminary advice to a Commonwealth agency regarding the subject of an ASIO security assessment pending the issuing of a new ASIO security assessment. 206. Section 39 of the ASIO Act permits Commonwealth agencies to take appropriate action (such as suspending a person’s security clearance and preventing ongoing access to classified information) if the Commonwealth agency is satisfied, on the preliminary advice from ASIO, that it is necessary to take that action as a matter of urgency due to the requirements of security. Any action taken is to be temporary pending receipt of a new ASIO Security Assessment. Section 39(1) prevents Commonwealth agencies from taking other prescribed kinds of action on the basis of preliminary advice from ASIO. 207. ASIO will normally liaise with the Commonwealth agency and the relevant vetting agency in these circumstances. 8.9. Reviews of security clearance processes and outcomes 208. Vetting agencies are to have procedures to resolve any grievances and are to advise the clearance subject of these procedures as part of the clearance process. 209. Vetting agencies are to resolve any grievances raised by the clearance subject regarding: the security clearance process, and the manner in which the vetting agency conducted the clearance, or the decision made. 210. Vetting agencies are to advise the clearance subject of these procedures as part of the clearance process. 8.10. Review of clearance decisions 211. Clearance subjects or sponsoring agencies may seek a review of any security clearance decision. The initial review is to be carried out by the vetting agency responsible for denying or varying a clearance. 34 212. An application by a clearance subject for a review does not change the original decision. A review may determine that the process was flawed and a new process should be undertaken. 213. Clearance subjects may also seek external review. The avenue for review will vary. Some examples are: APS employees may seek review through the Australian Public Service Commissioner or the Commonwealth Ombudsman, and contractors may seek review through the Office of the Commonwealth Ombudsman. 214. Any person may seek review through the Federal Court. 215. The delegate for the purposes of the review should be independent from the original decision maker. 216. The Public Service Regulations 1999 (Cth) provides guidance on review processes for APS employees. 217. The vetting agency and the clearance subject seeking the review are to co-operate fully with the review process. 8.11. Transfer of Personal Security Files 218. Vetting agencies are to transfer PSFs—to the extent that their enabling legislation allows—to the new vetting agency when a clearance holder transfers to another agency covered by a different vetting agency. For further information see the Australian Government personnel security guidelines—Vetting practices. 219. The receiving vetting agency is to address any anomalies within the incoming clearance subject’s PSF at the time of transfer. 220. Vetting agencies are to advise sponsoring agencies of any concerns with the transferring clearance holder's PSF. The sponsoring agency can then make a risk based decision on continuing access by the clearance subject to security classified resources. For further information see the Australian Government personnel security guidelines—Vetting practices. 8.12. Recognition of clearances 221. Vetting agencies are to recognise the security clearances granted by another vetting agency, unless: the clearance has exceeded its revalidation period the clearance was granted with an eligibility waiver, or the vetting agency has concerns that the incoming clearance subject is no longer suitable to access Australian Government security classified resources at that clearance level. 8.13. Active and inactive clearances 222. An active clearance is a security clearance that is sponsored by an Australian Government agency, and being maintained by a clearance holder and sponsoring agency. 35 223. An inactive clearance is a security clearance that is within the revalidation period, however the clearance: is not sponsored by an Australian Government Agency is not being maintained by the clearance holder for a period greater than six months due to long term absence from their role, and for the Positive Vetting level is unsponsored; however, an annual security check was completed within the last two years. 224. Security clearances without sponsorship, but still within the revalidation period, are considered inactive—i.e. the clearance is not in use but has not been cancelled as a result of a review for cause. 225. Upon notification of change of sponsorship for a clearance within the revalidation period, the vetting agency is to identify the security clearances as active, only once the vetting agency has assessed any changes of circumstances. 226. Vetting agencies are to identify security clearances as active upon notification of sponsorship by a new agency, where the clearance is within the revalidation period subject to the vetting agency’s assessment of any changes of circumstances. For further information see the Australian Government personnel security guidelines—Vetting practices. 8.14. Vetting staff training and qualifications 227. Vetting agencies are to use qualified personnel in the vetting process. 228. Vetting agencies are to: provide appropriate initial and supplementary training to assessing officers, and assess, and periodically reassess, the competency of assessing officers. 229. See the Australian Government personnel security guidelines—Vetting practices for details of qualifications, competencies and training requirements for vetting staff. 8.15. Vetting agencies’ management of outsourced vetting providers 230. Vetting agencies are to ensure contractors engaged in vetting meet the requirements of the PSPF and any agency specific polices or procedures. For further information see Australian Government personnel security guidelines—Vetting practices. 36 9. Agency responsibilities for active monitoring of clearance holders Mandatory Requirements PERSEC 7: Agencies must establish, implement and maintain security clearance policies and procedures for clearance maintenance in their agencies. PERSEC 8: Agencies and vetting agencies must share information that may impact on an individual’s ongoing suitability to hold an Australian Government security clearance. GOV 1: Agencies must provide all staff, including contractors, with sufficient information and security awareness training to ensure they are aware of, and meet the requirements of the PSPF. 231. Clearance maintenance is a joint responsibility of vetting agencies, sponsoring agencies and the individual clearance holder. The purpose of clearance maintenance is to provide continuing mitigation to the risk from the malicious trusted insider. It is an ongoing process throughout the life of a security clearance. 232. Vetting agencies are responsible for the periodic review of clearance holders’ suitability (revalidations) and conducting any reviews for cause when specific issues or concerns arise that may affect a clearance holder's suitability. For more information see Sections 10.6 - Reviews of Security Clearance and 10.6.2 - Reviews for Cause. 233. Sponsoring agencies’ are responsible for their security clearance holders (including Contractors). Sponsoring agencies’ are to: providing security awareness training and security clearance specific briefings advise and remind clearance holders of their ongoing obligation to report changes of circumstances and contacts that are suspicious, on-going, unusual or persistent. For further information see the Personnel security guidelines – Agency personnel security responsibilities. provide ongoing supervision and management of clearance subjects including their suitability to access official resources notify the vetting agency of other issues of security concern relating to the ongoing suitability of clearance holders, including security incidents and any concerns relating to integrity manage any additional specific clearance maintenance requirements agreed by the vetting agency and the sponsoring agency as a condition of the security clearance, and additional agency responsibilities for the ongoing clearance maintenance of their contractors are detailed in Section 9.8 - Clearance maintenance for contractors. 234. These responsibilities are in addition to the controls identified for all personnel contained in Section 5 – Ongoing suitability for employment. 37 9.1. Security awareness training for clearance holders 235. Agencies are to ensure that people who have access to Australian Government security classified resources, understand and accept their day-to-day security responsibilities. 236. In addition to a program of security briefings and training that directly responds to the agency’s security risk assessment, agencies are to: advise clearance holders and their managers of their day-to-day security responsibilities advise clearance holders and their managers of their reporting requirements—for example: - changes of circumstances, and - suspicious, on-going, unusual or persistent contacts. provide the clearance holder with a briefing and/or training reminding them of their clearance responsibilities, at least every five years or at clearance revalidation, whichever is the sooner. 237. Agencies may also need to coordinate additional training/ briefings for personnel with access to Sensitive Compartmented Information with the compartment owners. 9.2. Managing specific clearance maintenance requirements 238. Some concerns identified in the clearance process may be mitigated by applying additional specific clearance maintenance requirements, e.g. additional periodic drug screening for reformed drug users. 239. Agencies are to: undertake any additional specific clearance maintenance requirements agreed to by the sponsoring agency and vetting agency, and are to report any results including any non-compliance with the additional requirements, to the vetting agency. 240. Where compliance with additional requirements is not met by the clearance subject, the vetting agency is to undertake a review for cause into the clearance subjects ongoing suitability. The resultant action by the vetting agency may be the variation or withdrawal of a security clearance. 9.3. Annual health check 241. Agencies are to annually require: clearance holders to confirm that they have reported to their agency security section: - all changes of circumstances, and - any suspicious, on-going, unusual or persistent contacts clearance holders to complete any required security awareness training, and managers responsible for personnel to confirm they have reported any concerns about the clearance holders. 38 242. Agencies are to report any security concerns they have as to the ongoing suitability of their clearance subjects to their vetting agency. 243. The annual health check does not replace an agency’s ongoing responsibility for their performance management including code of conduct investigations. For further information on the annual health check see section 14.1 of the Australian Government personnel security guidelines – Agency personnel security responsibilities. 9.4. Sharing of information 244. Agencies are to provide vetting agencies with any information about the suitability of a person to hold a security clearance. This includes but is not limited to: negative results of agency specific checks reportable changes of circumstances suspicious, on-going, unusual or persistent contacts incident and investigation results, and where a breach of the code of conduct has been established or a security violation proven or personnel management concerns that may call into question the integrity of the person. 245. Agencies should not use the clearance review process to deal with personnel management problems (e.g. underperformance). However, if it is likely that such concerns could affect a person’s suitability to hold a clearance, line managers should notify their agency security section who in turn may notify the vetting agency. 246. Vetting agencies are to advise sponsoring agencies of any suitability concerns raised about clearance subjects and any pending or active reviews for cause. In such cases and based on a risk assessment the sponsoring agency is to, determine whether to limit or suspend the clearance subject’s access to security classified resources. 9.4.1. Reportable changes of personal circumstances 247. Agencies are to require their clearance holders to advise the agency security section of any reportable changes in personal circumstances. For further details on what is a reportable change of circumstance see Australian Government personnel security guidelines – Agency personnel security responsibilities. 248. Agencies are to also require agency personnel to advise the agency of changes in personal circumstances of other clearance holders if they have concerns that may be relevant to a clearance holder’s suitability. 249. The agency is to then advise the vetting agency of any notified reportable changes in circumstances. 39 9.4.2. Contact reporting under the Australian Government Contact Reporting Scheme 250. Agencies are to require their personnel to report suspicious, on-going, unusual or persistent contacts with foreign officials and other foreign nationals to their agency security section. 251. Agencies are to: collect Contact Reports from their personnel acknowledge receipt of all reports assess the reports, and forward any reports of suspicious, ongoing, unusual or persistent nature to ASIO – Contact Reporting. 252. For further information see Australian Government personnel security guidelines – Agency personnel security responsibilities. 9.4.3. Reporting security incidents to vetting agencies and other appropriate agencies 253. Agencies are to advise the vetting agency of: any security violations4 attributed to particular security clearance holders as reasonably practicable, and the results of any investigations into security breaches attributed to particular security clearance holders and conduct or incidents that may indicate a disregard for security by clearance holders—e.g. multiple infringements of agency security policies. 254. Agencies are to consult with the Australian Federal Police (AFP) and/or the Australian Security Intelligence Organisation (ASIO) in respect of investigations that may have potentially serious issues. 255. Agencies are to also advise security incidents to: the Director, Australian Signals Directorate for matters relating to the Australian Government Information Security Manual (ISM) the Director-General, Australian Security Intelligence Organisation for matters relating to national security, and the heads of any agencies whose people, information or assets may be affected. 256. Agencies are to withdraw all access to security classified resources for any person responsible for a security violation as soon as reasonably practicable after the violation is identified. 4Security violation – a deliberate action that leads, or could lead, to the compromise of official resources; or an accidental failure that leads to the compromise of CONFIDENTIAL or above material. 40 257. Agencies should make a risk based decision on whether to remove or restrict access for personnel directly responsible for security breaches5 or conduct that indicates a disregard for security. 258. Agencies should reassess any clearance holder’s access when an investigation into a violation or breach is finalised. 259. Agencies are to notify the vetting agency when a breach of the code of conduct or other disciplinary finding has been made against a clearance holder, including any cases where a breach is established following the clearance holder’s departure from the agency. 260. Agencies are to include security incidents as part of their compliance reporting requirements detailed in mandatory requirement GOV7. 9.5. Change of sponsorship of security clearances 261. Where clearance holders are moving permanently from one agency to another and require a security clearance for their new role, the gaining agency is to request a transfer of the clearance sponsorship. Once transferred, the gaining agency has ongoing responsibility for the clearance maintenance. 262. Gaining agencies are to only sponsor clearances at the level required for the position the person will be occupying—e.g. the gaining agency will only sponsor an NV1 clearance for an existing NV2 holder who moves to a position requiring an NV1 clearance. 263. Agencies should advise the change of agency to the vetting agency. 9.6. Personnel on temporary transfer or secondment 264. Agencies should, in consultation with the person’s home agency, make a determination of whether the clearance sponsorship should stay with the home agency or be transferred for the duration of the transfer or secondment. 265. Where temporary personnel have been granted a security clearance by a State or Territory in accordance with the PSPF, the clearance is to be recognised by the gaining agency for the period of the transfer or secondment. Agencies should request confirmation of the clearance from the vetting agency that granted the clearance. 9.6.1. Clearance maintenance for personnel on secondment or temporary assignment 266. Agencies are to agree on the clearance maintenance arrangements before a secondment or temporary assignment commences. 267. Irrespective of the agreed clearance maintenance arrangements, agencies are to advise of any identified security concerns that arise during the secondment or temporary assignment to the 5Security breach – an accidental or unintentional failure to observe the protective security mandatory requirements 41 home agency. This includes concerns identified after the secondment or temporary assignment concluded. 9.7. Personnel on extended leave 268. Agencies are to have procedures to notify their agency security staff of personnel planning to go on extended leave. The period will depend on the agency’s risk profile and any specific risks associated with the position. 269. Agencies are to, where possible, resolve any security issues before the leave is taken. 9.8. Clearance maintenance for contractors 270. There are additional risks for the ongoing maintenance and management of security clearances for contractors. 271. In addition to provisions outlined in Section 9 - Agency responsibilities for active monitoring of clearance holders, contracts are to contain clearance maintenance provisions including: arrangements for dealing with any reportable changes in circumstances and the reporting and investigation of security incidents or breaches the requirement for contract staff to protect the agency’s information and assets, and ongoing security awareness training that includes the contracting company’s responsibility to require contracted staff to: - protect the agency’s assets and information - report changes in personal circumstances, and - report suspicious, on-going, unusual or persistent contacts. 272. The agency should require the contracting company to inform the agency if an individual employed by the company is/has: employed on other concurrent contracts with other agencies or governments, so that all affected agencies can be advised of any security concerns and can identify any conflicts of interest employed on any new contracts been expelled from an accrediting body been arrested or is undergoing disciplinary proceedings subject to law enforcement action or criminal legal proceedings, or been dismissed, has resigned or is on long term leave. 273. The agency should include in the contract: any standards of behaviour which it also expects employees to observe relating to code of conduct and the application of protective security measures, and provisions for revoking physical and ICT access upon a contracted staff member’s exit from the company. 42 274. For further advice on protective security in contracting see PSPF—Governance arrangements— Contracting and the Centre for Protection of National Infrastructure (UK) publication ‘The secure procurement of contracting staff - a good practice guide for the oil and gas industry’. 9.8.1. Clearance sponsorship of contractors that are no longer actively engaged by an agency 275. Lead agencies are to advise vetting agencies that security clearance sponsorship has been withdrawn for contractors when they are no longer actively engaged by that agency. 276. Vetting agencies are to notify any interested parties (other agencies) that the lead agency has withdrawn sponsorship for the contractor. If the interested party requires the contractor to hold a security clearance, they will need to take on sponsorship of that contractor. This includes the responsibilities for clearance maintenance. For further information see Section 10.1. 43 10. Agency separation actions Mandatory Requirement PERSEC 9: Agencies must have separation policies and procedures for departing clearance holders, which includes a requirement to: inform vetting agencies when a clearance holder leaves agency employment or contract engagement, and advise vetting agencies of any security concerns. 10.1. Prior to separation 277. Prior to a clearance holder’s separation an agency is to: debrief separating personnel who have access to: - Australian Government classified resources - codeword information (and advise the agency providing the codeword information), and/or - caveat information. remind the clearance holder of their continuing personal obligations under the Crimes Act, Criminal Code and other relevant legislation, and obtain formal acknowledgement of that continuing obligation. 278. Agencies are to report any security concerns (non-compliance with the separation procedures) about departing clearance holders to the vetting agency and ASIO ( for security as defined in the Australian Security Intelligence Organisation Act 1979(Cth)), particularly where the clearance holder departs without having a security debrief. 279. The vetting agency is to place this information on the PSF where it will be reviewed prior to consideration of any new vetting action. 280. If departing clearance holders do not cooperate with these procedures or are otherwise assessed to pose a risk to security, the agency is to undertake a risk assessment and implement mitigations. 10.2. On separation 281. On separation of a clearance holder, an agency is to advise the vetting agency: that the clearance holder has left, and of the details, if known, of any other agency or contracted service provider the clearance holder is transferring to 282. Agencies are to forward a copy of a signed recognition of continuing obligation to the vetting agency. 44 283. Where employees leave before these actions have been completed, the agency security advisor is to review the circumstances to ascertain whether there are any security related concerns. 284. The agency is to report any such concerns to the vetting agency and ASIO. 10.2.1. Separation of contractors 285. Sponsorship of a contractor clearance ceases when the contractor no longer has a business relationship with the sponsoring agency. 286. An agency should include in their contracts an obligation on the contracting company to advise the agency when the contractor’s staff or sub-contractors with sponsored clearances have ceased to work on the agency’s contract. 287. Agencies are to advise the vetting agency when a sponsored contractor no longer requires a security clearance to access the agency’s security classified resources. 288. Vetting agencies are to advise any other known agencies using the contractor that the contractor’s clearance is no longer sponsored by that agency, giving interested parties the opportunity to assume sponsorship including the responsibilities for clearance maintenance of the contractor. 45 Annex A: Request for variation of Special Minister of State’s Determination 2012/1 for a Minister’s Electorate Officer 289. Under Determination 2012/1, a Minister’s Chief of Staff may request a variation of the security clearance requirement from the Secretary of the Attorney-General’s Department where: the person is an electorate officer the electorate officer is not required to access, and will not come into contact with, security classified information or resources: - above PROTECTED for electorate officers employed by a National Security Committee of Cabinet (NSC) Minister, or - above SECRET for electorate officers employed by a non-NSC Minister. 290. The Secretary, Attorney-General’s Department will approve the request to vary the requirement for a Negative Vetting Level 2 security clearance following a recommendation by the Portfolio Department that confirms the electorate officer will not access security classified information or resources above PROTECTED or SECRET as appropriate (see above). 291. The following security clearance levels are to apply: Negative Vetting Level 2: - electorate officers for NSC Ministers who access security classified information or resources above PROTECTED, and - electorate officers for Ministers who are not members of the NSC, and who access security classified information or resources at TOP SECRET. Negative Vetting Level 1: - electorate officers for Ministers who are not members of the NSC, and who access security classified information or resources at CONFIDENTIAL and/or SECRET. Baseline: - electorate officers who access official information and security classified information or resources up to and including PROTECTED. 46 Request for variation of Special Minister of State’s Determination 2012/1 for a Minister’s Electorate Officer All staff employed by Ministers, including Parliamentary Secretaries, employed under Part III of the Members of Parliament (Staff) Act 1984 are required to be security cleared to Negative Vetting Level 2 unless: the staff member: - is an electorate officer, and - does not require access to, and will not be exposed to, security classified material the Minister’s Chief of Staff requests an exemption, and certifies the electorate officer will not access classified material the Minister’s Portfolio Department endorsed the request for variation, AND the variation is approved by the Secretary of the Attorney-General’s Department Minister’s Chief of Staff request for variation I certify that Name of electorate officer is an electorate officer for Minister’s name and is not required to access, and will not come into contact with, TOP SECRET security classified material. I request a variation of the requirement for the above electorate officer to hold a Negative Vetting Level 2 security clearance. Name and phone number of Chief of Staff Signature Date / / Forward request to the Agency Security Adviser of the Portfolio Department Portfolio Department endorsement of request Name of Portfolio Department I endorse the request to vary the requirement for a Negative Vetting Level 2 security clearance for the above mentioned electorate officer. I confirm he/she will not have access to TOP SECRET material, and may have access to or come in contact with security classified material: At or below PROTECTED AT CONFIDENTIAL OR SECRET (Tick whichever is applicable) Name, position and phone number of endorsing officer Signature Date / / Send to: Protective Security Policy Section, Attorney-General’s Department, 3-5 National Circuit, BARTON ACT 2600 Email: pspf@ag.gov.au Approval of request As the delegate for Secretary, Attorney-General’s Department, I vary the requirement for the above mentioned electorate officer to be security cleared to Negative Vetting Level 2, subject to them undergoing: Baseline Negative Vetting Level 1 Variation not approved - Negative Vetting Level 2 required (Tick whichever is applicable). Name and position of approving officer Signature Date / / Send to: Ministerial and Parliamentary Services, Department of Finance and Deregulation, Parkes Place, PARKES ACT 2600 47