Usage rules - mySAGOV app
1. Interpretation of usage rules
1.1 The mySAGOV app (the app), when linked to a mySAGOV account, is the approved information system to which these rules apply.
1.2 In these rules:
- a licence or other credential issued to a person via the app is referred to as a document
- the person to whom such a licence or other credential is issued is referred to as the credential holder
- a reference to a requirement to display a document includes a reference to a requirement to exhibit a document
- a reference to a requirement to produce a document to a person includes a reference to a requirement to show a document to a person or to otherwise allow inspection of a document by a person
- a reference to surrender of a document includes a reference to return of a document
- the government agency that is responsible under an Act or law for issuing the document is referred to as the relevant issuing agency (eg for a driver’s licence, the relevant issuing agency would be the Registrar of Motor Vehicles)
- the smartphone or other device on which the app is installed is referred to as the device.
2. Purpose of usage rules
2.1 The documents issued to a credential holder via the app can be used to satisfy various legal requirements provided that the usage rules below are complied with (see section 19 of the Electronic Communications Act 2000).
3. General usage rules
In all cases when the app is used for a purpose specified in these rules:
3.1 The credential holder must have a mySAGOV account.
3.2 The app must be installed on a device used by the credential holder.
3.3 The document must be added to the app in accordance with instructions contained in the app.
3.4 All instructions in the app must be followed by the credential holder.
3.5 Updates to the app must be installed as soon as reasonably practicable after they become available.
3.6 The device used by the credential holder need not be surrendered to any person for the purposes of complying with these rules (but nothing in these rules affects any power under an Act or law to seize an item as evidence of an offence or otherwise).
4. Displaying a document
A requirement under a law that a document be displayed in certain circumstances can be satisfied using the app as follows:
4.1 The credential holder must, at all times during which the document is required to be displayed, carry the device on which the app (including the document) is installed and must produce the document via the app (in accordance with usage rule 6 below) on request by any person in those circumstances.
5. Carrying a document
A requirement under a law that a document be carried by the credential holder can be satisfied using the app as follows:
5.1 The credential holder must, at all times during which the document is required to be carried, carry the device on which the app (including the document) is installed and must be able to produce the document via the app (in accordance with usage rule 6 below) at all such times.
6. Producing a document
Subject to 6.4, a requirement under a law that a document be produced to another person (such as a police officer, an authorised person or a security officer) can be satisfied using the app as follows:
6.1 Unless 6.2 or 6.3 apply, the credential holder must:
- ensure the device is connected to the internet and open the app on the device or, if that is not possible for some reason, open the app on another device that is available to the credential holder and is connected to the internet
- open the relevant part of the app that has the document displayed
- show it to the person to whom the document is being produced (without handing over the device)
- ensure the document and the barcode displayed as part of the document are clearly visible to enable the person to scan the barcode and view the document
- allow the person to scan the barcode and view the document.
6.2 A person to whom a document is required to be produced may, if there is no internet connection at the time, consent to off-line production of the document in which case the credential holder must:
- open the app on the device or, if that is not possible for some reason, open the app on another device that is available to the credential holder
- open the relevant part of the app that has the document displayed
- show it to the person to whom the document is being produced (without handing over the device)
- shake the device to animate the display when requested by the person to whom the document is being produced
- ensure the document and the animated display are clearly visible to enable the person to view the document
- allow the person to view the document.
6.3 If a person has taken all reasonable and practicable measures in order to be able to produce a document in accordance with the above rules but the document is not able to be so produced due to a technical failure of, or within, the app, and the person is not able to produce any other version of the document, the person will nevertheless be taken to have produced the document in accordance with these rules.
6.4 This rule does not apply in respect of a requirement under a law that a document be produced to another person for the purposes of updating or making other changes to the document (such as including, varying or removing an endorsement on the document) in which case rule 8 applies.
7. Surrender of a document
7.1 Documents issued via the app cannot be surrendered from within the app.
7.2 Surrender of a document must be managed directly with the relevant issuing agency (and the relevant issuing agency will be responsible for ensuring that the document is removed from the app).
8. Updating, altering or replacing a document
8.1 Updates or other changes to documents issued via the app cannot be made from within the app.
8.2 Any change to a document must be managed directly with the relevant issuing agency (and the relevant issuing agency will be responsible for ensuring that the document as so changed is issued via the app).
