Alternative identification for Aboriginal and Torres Strait Islander individuals (Reform)
Learn how you can use alternative identification procedures to identify Aboriginal and Torres Strait Islander individuals who don’t have standard identification.
On this page:
- Alternative identification options
- Aboriginal and Torres Strait Islander organisations
- Related pages
You could develop and maintain procedures to help you identify and verify Aboriginal and Torres Strait Islander individuals who don’t have standard identification.
We expect you to use a flexible approach that’s mindful of the barriers Aboriginal and Torres Strait Islander peoples face both:
- obtaining standard identification
- accessing financial services.
There are many historical and contemporary reasons for this, including:
- lower birth registration rates due to a range of reasons, including past policies and practices that excluded Aboriginal and Torres Strait Islander peoples from official records
- oral-based cultures and languages, which can mean written details like family surnames vary in spelling and pronunciation
- cultural practices which may require individuals to be known by different names after certain life and cultural events
- geographic barriers for remote or regional communities with limited access to registry offices, hospitals, digital and government services.
It may not always be possible for an individual to provide standard identification, even if you give them additional time.
You could consider providing individuals with the option to advise if they identify as Aboriginal and Torres Strait Islander. This may help to:
- consider if you’ll use a flexible approach to identification
- make sure the individual won’t need to identify as Aboriginal and Torres Strait Islander each time they make contact
- identify individuals that may need further support
- triage individuals to culturally appropriate services if offered, such as dedicated telephone support services or teams.
Alternative identification options
You can accept alternative forms of identification and suitable referees.
Learn more about alternative identification options.
Aboriginal and Torres Strait Islander organisations
You may seek a reference from:
- an official representative of an Aboriginal and Torres Strait Islander organisation
- a board member of a Local Aboriginal Land Council (LALC).
You could educate your staff about the organisations in the areas you operate. This includes LALCs and other Aboriginal and Torres Strait Islander community-controlled organisations. This will help you to have informed questions and understand individual needs.
We expect you to be mindful that:
- only certain kinds of Aboriginal and Torres Strait Islander organisations are registered with the Office of the Registrar of Indigenous Corporations (ORIC)
- LALC membership varies across states and territories and the terms these bodies use may vary.
Other organisations may also be suitable to provide referee reports.
Not all individuals will be connected to a LALC. Some may be members of multiple across jurisdictions because of vast family relationships. For example, in New South Wales a customer may be a member of a LALC. In Queensland, a customer may be a member of a Native Title Representative Body or a Native Title Service Provider.
Community identity or organisation membership card
Some community organisations develop Aboriginal and Torres Strait Islander community identification cards to assist with identification requirements. These generally include the individual’s name, other birth names, address, date and place of birth. They may or may not include a photo.
They often contain less personal information. This is because they’re designed to assist in assessing and exercising cultural rights. They aren’t designed to meet identification verification standards.
The Australian Banking Association (ABA) has issued a factsheet for their members with more information about these cards for know your customer (KYC) purposes. This may also assist to identify some of the cards available.
Example: Opening an account
Customer A wants to open an account with a credit union. However, Customer A has provided a different name that conflicts with the information in his identity documents. Customer A has a legal name in his identification documents and a preferred cultural name that he’s known by in his community. Customer A has used his preferred cultural name. He explains that his identification documents use his legal name.
The credit union assesses the money laundering, terrorism financing and proliferation financing risk (we refer to these as ML/TF risk) of opening an account to Customer A as low. The credit union advises Customer A of additional information he could provide to verify his identity.
Customer A requests a referee statement from an Aboriginal health worker from his community. The statement includes:
- a recent photograph
- the name Customer A is known by in his community
- his address
- details of the name on his identification documents.
The credit union contacts the referee to discuss the reference. They’re satisfied they can rely on the alternative identification document. The credit union opens the personal account.
Example: Superannuation beneficiary
Customer B identifies as having Aboriginal heritage. Customer B’s mother recently passed away and she is the beneficiary of a death benefit on her mother’s policy with a superannuation fund.
Customer B changed her name after her mother died. Her full name is now different to the name recorded on the beneficiary nomination form. Customer B doesn’t have a legal record of her cultural name change.
The superannuation fund asks for information about Customer B’s name change as part of its identification and verification procedures.
Customer B advises that it’s customary not to use the name of a deceased individual. She also doesn’t have any official identification document in her new name. She has provided her address but doesn’t know her actual date of birth – only the year and place she was born.
The superannuation fund assesses the ML/TF risk of providing the relevant designated services to Customer B as low.
This acknowledges that despite having a different name, the daughter is the only nominated beneficiary. The superannuation fund discusses alternative identification options with Customer B and offers to verify their identity with a referee statement.
Customer B arranges a reference from her late mother’s doctor, who is also her doctor. In the reference, the doctor attaches a recent photograph of Customer B. The reference contains details of her circumstances, including her relationship with her mother and name change in accordance with cultural practice.
The superannuation fund confirms the doctor is listed on AHPRA’s register of practitioners. The fund contacts the doctor to discuss the reference and is satisfied that it can rely on the alternative identification document.
Example: Inconsistent identification documents
Customer C identifies as having Aboriginal heritage, lives in New South Wales and wants to open a bank account. Customer C provides a range of documents from various government departments. However, his name and date of birth are inconsistent.
Customer C isn’t sure which birth date is accurate. The bank isn’t sure which document, if any, it can use to identify him.
The bank assesses the ML/TF risk of providing a designated service to Customer C as low. The bank decides to accept an alternative document to verify Customer C's identity.
The bank officer discusses alternative identification options with Customer C. Customer C says he’s a member of a NSW Local Aboriginal Land Council (LALC).
The bank officer suggests the customer get a reference from a current office bearer of the LALC. The LALC officer provides a reference on an official letterhead. It confirms that Customer C is the individual named in the documents and includes a photograph of Customer C. The bank contacts the referee and confirms the information, before opening a bank account for Customer C.
Related pages
This guidance sets out how we interpret the Act, along with associated Rules and regulations. Australian courts are ultimately responsible for interpreting these laws and determining if any provisions of these laws are contravened.
The examples and scenarios in this guidance are meant to help explain our interpretation of these laws. They’re not exhaustive or meant to cover every possible scenario.
This guidance provides general information and isn't a substitute for legal advice. This guidance avoids legal language wherever possible and it might include generalisations about the application of the law. Some provisions of the law referred to have exceptions or important qualifications. In most cases your particular circumstances must be taken into account when determining how the law applies to you.