Important notice

  • A DPC is an electronic version of a NSW Photo Card
  • A DPC may not be accepted by everyone so it is recommended you carry your plastic NSW Photo Card as back-up.
  • It is your responsibility to ensure that your phone is working and the battery is charged and the screen is able to be clearly viewed, otherwise your DPC will not be accepted. 
  • Use of a DPC is conditional upon the Terms and Conditions set out below.

1. Scope

1.1 The following Terms and Conditions form an agreement between you and Service NSW. 

1.2 These Terms and Conditions are in force from 2 February 2021. 

2. Definitions and interpretation

2.1 In these Terms and Conditions, unless the context otherwise requires:

  • “Act” means Photo Card Act 2005.
  • “DPC” means digital Photo Card as defined in s. 13A of the Photo Card Act 2005.
  • “DPC Website” means Service NSW Digital Photo card website.
  • “NSW” means the State of New South Wales.
  • “NSW Photo Card” means a Photo Card as defined in s. 3 of the Photo Card Act 2005. 
  • “Trial” means the live assessment of the DPC commencing in February 2021 and ending on a date that Service NSW notifies to participants. 
  • “TfNSW” means Transport for NSW.
  • “You” means a person who has been issued with a DPC for the Trial.

2.2 Unless the context requires otherwise, the singular includes the plural and vice versa, reference to a gender includes all genders, reference to “person” includes a natural person, company, body corporate or other form of legal entity, and reference to “including” and “includes” and “for example” is to read as if followed by “without limitation”.

2.3 If a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning.

3. Acceptance of these Terms and Conditions

3.1 By applying for a DPC, you agree to these Terms and Conditions and you must abide by these Terms and Conditions when you use your DPC.

4. Participation Terms  

4.1 By participating in the Trial and using a DPC you agree to:

  • 4.1.1 maintain a MyServiceNSW Account; 
  • 4.1.2 link your MyServiceNSW Account to your NSW Photo Card; and
  • 4.1.3 receiving periodic emails from Service NSW about the DPC and the Trial notwithstanding any other directions you may give Service NSW about subscribing to notifications.

4.2 Your DPC is only valid for as long as you hold a current NSW Photo Card. Your DPC will be cancelled if your NSW Photo Card is seized, cancelled, surrendered or expires.

4.3 Service NSW reserves the right to disable your DPC by deactivating your MyServiceNSW Account and unlinking it from TfNSW, and to terminate any access granted to you if:

  • 4.3.1 You have breached these Terms and Conditions;
  • 4.3.2 Your NSW Photo Card has been cancelled or seized under the Act or TfNSW notifies you that you are required to surrender it. 

If your MyServiceNSW Account is deactivated and/or your account is unlinked from TfNSW as a result of this clause 4.3, you may apply to Service NSW to reactivate your MyServiceNSW Account and re-link your account to TfNSW but you may not be entitled to a DPC again during the Trial.

5. Privacy

5.1 Service NSW handles personal information about you in accordance with all applicable privacy legislation (including the Privacy and Personal Information Protection Act 1998), its privacy management plan (available on its website), and in accordance with these Terms and Conditions. This includes as to the collection, security, use and disclosure of your personal information.

5.2 Service NSW will obtain your NSW Photo Card information and photograph from TfNSW (as authorised under the Act) in order to issue your DPC. Service NSW will manage that information in accordance with its privacy management plan which is available on the Service NSW website. For information on how TfNSW manages your personal information in connection with the NSW Photo Card and DPC please see the Transport for NSW Privacy Statement

5.3 When you show your DPC to anyone or allow the QR Code on your DPC to be scanned then you are choosing to share your personal information with that third party and you may wish to first ask to see their privacy collection notice or privacy policy. 

5.4 Your DPC contains important personal information and Service NSW recommends that you do not provide screenshots to anyone. Third parties can check your ID without taking a copy of your DPC.

6. Use and Misuse of the DPC

6.1 It may take some time before everyone will be ready to accept a DPC. To ensure that you are not inconvenienced, it is recommended that you carry your plastic NSW Photo Card as backup. 

6.2 You understand and agree that at all times: 

  • 6.2.1 You must ensure your phone screen is not cracked, shattered or otherwise affected by any damage that may prevent your DPC from being viewed clearly when presented; 
  • 6.2.2 You must ensure your phone is working and sufficiently charged so that your DPC can be viewed; and
  • 6.2.3 You must not misuse your DPC or allow another person to use your DPC. Service NSW reserves the right to disable your DPC by deactivating your MyServiceNSW Account and unlinking it from TfNSW in circumstances of fraud or other unlawful use.

6.3 You must immediately cease using your DPC upon:

  • Your NSW Photo Card being cancelled; 
  • Your NSW Photo Card being seized by the Police or other authorised officer;
  • Surrendering your NSW Photo Card for any reason; or
  • Having your DPC disabled by Service NSW.

7. Costs

7.1 Obtaining a DPC is free, however you bear all other associated costs (including any data or internet costs incurred in accessing your DPC).

8. Limitation of Liability and Indemnities

8.1 Service NSW is not liable in the event that you cannot produce a DPC (for example network connectivity problems) or anyone refuses to accept your DPC as proof of identity,  SNSW recommends that you carry your plastic NSW Photo Card as backup.

8.2 Except for any liability that cannot be excluded by law, Service NSW and TfNSW (including their officers, employees and agents) will not be liable for any loss or damage whatsoever that is suffered or sustained (including, but not limited to, indirect or consequential loss) or for any death, illness, personal injury, financial loss or property damage suffered or sustained (even caused by negligence), as a result of, or in any way connected with, using the DPC including the unavailability of the DPC or the refusal of a third person to accept your DPC.

8.3 To the extent permitted by law, you agree to release, fully indemnify and keep fully indemnified, Service NSW and TfNSW (including their officers, employees and agents) from and against all liability, cost, loss, damage, expense, claim or other right of action arising out of, or in connection with, your use of a DPC, including the unavailability of the DPC or the refusal of a third person to accept your DPC.

9. Contact

9.1 Any enquiry or complaint is to be directed to Service NSW via NSW Service Centres or by calling 13 77 88

10. General

10.1 You are responsible for obtaining your own independent legal and financial advice regarding these Terms and Conditions.

11. Variation

11.1 Service NSW reserves the right to amend, vary, delete or supplement these Terms and Conditions at any time. If these Terms and Conditions change, you will be asked to confirm your agreement to those changes the next time you access your DPC.

11.2 These Terms and Conditions, as varied, deleted or supplemented from time to time, apply to any future version of, or update to, the DPC software.

12. Waiver

12.1 Failure by Service NSW to enforce any of its rights at any stage does not constitute a waiver of those rights.

13. Severability

13.1 If any term in these Terms and Conditions is, becomes or is declared illegal, invalid or unenforceable for any reason whatsoever, it shall be severed from these Terms and Conditions and the remaining Terms and Conditions shall continue in full force. 

14. Governing Law

14.1 These Terms and Conditions shall be governed by and interpreted in accordance with the laws in NSW. The parties submit to the exclusive jurisdiction of the Courts of NSW and any Court competent to hear appeals from those Courts. 

15. Survival

15.1 Any and all provisions or obligations contained in these Terms and Conditions which, by their nature or effect, are required or intended to be observed, kept or performed after termination of these Terms and Conditions will survive the termination of these Terms and Conditions and remain binding upon and for the benefit of the relevant persons.

Last updated: 20 April 2022