Upgraded NSW Digital Photo Card pilot – Terms and Conditions

These terms and conditions relate to the Upgraded NSW Digital Photo Card pilot.

About Verifiable Credentials and the Pilot

Service NSW is testing its Verifiable Credentials ecosystem. Verifiable Credentials are a new type of credential format which will be available to add to your  NSW Digital Wallet. Similar to digital licences, Verifiable Credentials are a digitised version of existing physical credentials with the ability for customers to use and share their information. Verifiable Credentials are stored on your device which means that you are in control of your credential, and when you use it.

Service NSW is conducting a pilot which will test the customer journey to:

• issue and hold an upgraded NSW Digital Photo Card as a Verifiable Credential in the NSW Digital Wallet
• digitally present the upgraded NSW Digital Photo Card at Service NSW Service Centre to share and verify your identity
• sharing the upgraded NSW Digital Photo Card details with a Service NSW customer service representative as part of a transaction which requires it (Pilot).    

Your participation in the Pilot, and use of the upgraded NSW Digital Photo Card is conditional upon the Terms and Conditions set out below and any other obligations relevant to your attainment and use of a NSW Photo Card.

1. Scope

1.1. The following Terms and Conditions form an agreement between you and Service NSW (together, the ‘Parties’), including the Parties’ obligations in relation to the Pilot, and relevant liabilities and indemnities.  

1.2. These Terms and Conditions are in force from 31 March 2025.

2. Definitions and interpretation

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

• “NSW Digital Driver Licence” means a Digital Driver Licence as defined in Part 3.7 of the Road Transport Act 2013 (NSW) or a physical Driver Licence card issued by Transport for NSW.
• “NSW Digital Photo Card” means the Digital Photo Card as defined in s. 13A of the Photo Card Act 2005.
• “Holder” means the individual or business who has been issued with a VC and holds it in their digital Wallet.
• “Issuer” means the organisation or business that issues the VC i.e., in this case Transport for NSW.
• “Multi-factor Authentication" or "MFA" means a security authentication process which reduces the risk of unauthorised access by requiring more information than just your password. You will be prompted to authenticate via one of the following methods: 
  • by entering a secure code which is sent via SMS to the mobile number associated with your MyServiceNSW Account; or  
  • by approving a push notification on the Service NSW mobile app;  
  • by entering a one-time code generated by the Service NSW mobile app; or  
  • entering a code generated by a reputable authentication app (for example, Google Authenticator or Microsoft Authenticator). If you choose to use a third-party authenticator app then you should refer to the Terms of Service relevant to that authenticator service.
• “NSW Driver Licence” means a physical plastic driver licence card issued by Transport for NSW.
• “NSW Photo Card” means a Photo Card as defined in s. 3 of the Photo Card Act 2005 and issued by Transport for NSW.
• “NSW” means the State of New South Wales.
• “Other Proof of Identity Documents” means, for example, your NSW Digital Driver Licence, plastic NSW Driver Licence , NSW Digital Photo Card or plastic NSW Photo Card.
• “Pilot” means the live assessment of the customer journey to issue and hold the Photo Card VC in the Wallet and then digitally present it to Service NSW as a means to share your Photo Card details as part of a transaction which requires it.
• “Photo Card VC” means the digital Photo Card as defined in s. 13A of the Photo Card Act 2005, as a Verifiable Credential.
• “Transport for NSW” means Transport for NSW (ABN 18 804 239 602)
• “Verifier” means a person which relies on the VC presented by a Holder, in this case Service NSW.
• “Wallet” means the digital wallet available on the Service NSW mobile app and installed on the Holder’s personal device.
• “You” or “you” means the Holder of a Verifiable Credential.
• “Verifiable Credential” or “VC” means digital versions of physical credentials that are tamper-evident and can be cryptographically verified. For example, evidence of identity (EoI) documents, bank cards or education qualifications. 

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 participating in the Pilot and when you use your upgraded NSW Digital Photo Card, you accept and agree to these Terms and Conditions, and you must abide by these Terms and Conditions while participating in the Pilot and for as long as you are a Holder of the upgraded NSW Digital Photo Card. 

3.2.  Your upgraded NSW Digital Photo Card is available for viewing in your Wallet so you must also abide by the Service NSW mobile app Terms and Conditions available within the app.

4. Eligibility and participation terms

4.1. By participating in the Pilot and using your upgraded NSW Digital Photo Card you agree:

• 4.1.1. That you hold a valid Digital Photo Card issued by Transport for NSW;
• 4.1.2. To maintain a MyServiceNSW Account;
• 4.1.3. To receive emails from Service NSW about the upgraded NSW Digital Photo Card and the Pilot, including provide feedback as part of a survey, notwithstanding any other directions you may give or have given Service NSW about subscribing to notifications.
• 4.1.4. To have a unique phone number and email address which is not shared or accessible by others; and
• 4.1.5. To have Multi-factor Authentication enabled on your MyServiceNSW Account.

4.2. Service NSW reserves the right, at its sole discretion, to revoke or disable your Photo Card VC and terminate any access granted to you if:

• 4.2.1. You have breached these Terms and Conditions;
• 4.2.2. Your NSW Photo Card has been cancelled or seized under the Photo Card Act 2005 or Transport for NSW notifies you that you are required to surrender it;
• 4.2.3. Any of your Other Proof of Identity Documents used to set up your upgraded NSW Digital Photo Card are suspended, seized, cancelled, surrendered or expire; or
• 4.2.4. Service NSW considers that access to your upgraded NSW Digital Photo Card should otherwise be restricted or revoked as a matter of law, including for suspected illegal or fraudulent activity, or otherwise at any time during the Pilot for any reason.

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 Transport for NSW (as authorised under the Photo Card Act 2005) in order to issue your Photo Card VC. Service NSW will use and disclose your personal information as explained in the Photo Card Upgrade PCN and otherwise manage that information in accordance with its privacy management plan which is available on the Service NSW website. For information on how Transport for NSW manages your personal information in connection with the NSW Photo Card and NSW Digital Photo Card please see the Transport for NSW Privacy Statement.

5.3. When you show your upgraded NSW Digital Photo Card or allow the Service NSW customer service representative to scan the QR Code on your upgraded NSW Digital Photo Card then you are choosing to share all personal information on your upgraded NSW Digital Photo Card with Service NSW as a Verifier. 

5.4. Your upgraded NSW Digital Photo Card contains important personal information. You are responsible for using it only at a participating Service NSW Service Centre as part of the Pilot. 

5.5. You should not allow anyone else to scan the QR Code on your upgraded NSW Digital Photo Card. A third party can check your ID without taking a copy of your upgraded NSW Digital Photo Card or scanning the QR Code on your upgraded NSW Digital Photo Card  and their privacy collection notice or privacy policy will apply.

5.6. How your personal information is handled when you use your MyServiceNSW Account is explained in the MyService NSW Account Privacy collection notice. 

6. Proof of Identity

6.1. Service NSW will ask you to prove your identity in order to issue an upgraded NSW Digital Photo Card. The identification verification process is conducted by Service NSW and you will be asked to submit identity document/s such as your NSW Driver Licence. Service NSW will request your details from your chosen identity documents such as but not limited to, your name, date of birth and document details (such as number, type and effective dates). How your personal information is handled when you prove your identity is explained in the Verifying your Identity Privacy collection notice.

6.2. You must submit your own identity documents and not use anyone else’s. The information you supply when setting up your upgraded NSW Digital Photo Card  via your MyServiceNSW Account must be complete and accurate.

6.3. You acknowledge that if you supply incomplete, inaccurate or false information, or use your upgraded NSW Digital Photo Card to perform (or attempt to perform) an unauthorised action, or otherwise misuse your upgraded NSW Digital Photo Card, Service NSW may suspend, revoke or terminate access to your upgraded NSW Digital Photo Card. 

6.4. You also acknowledge that giving false or misleading information to a public authority is an offence under s. 307B of the Crimes Act 1900 (NSW). 

7. Use and misuse of the Photo Card VC

7.1. You are responsible for any use or misuse of your upgraded NSW Digital Photo Card.  

7.2. You understand and agree that at all times during the Pilot and for as long as you are a Holder of the upgraded NSW Digital Photo Card:

• 7.2.1. You must not misuse your upgraded NSW Digital Photo Card  or allow another person to use your upgraded NSW Digital Photo Card.
• 7.2.2. You must only use the sharing and verification feature in your upgraded NSW Digital Photo Card  at a participating Service NSW Service Centre as part of the Pilot. To ensure that you are not inconvenienced, it is recommended that you carry your plastic NSW Photo Card as a backup. You can still use your upgraded Digital Photo Card as normal excluding the upgraded verification and sharing feature.
• 7.2.3. You must not use your upgraded NSW Digital Photo Card for any illegal or fraudulent activity.
• 7.2.4. Unless required by law, you must not share details from your upgraded NSW Digital Photo Card outside of the Pilot with anyone or allow someone else to log in to your MyServiceNSW Account.
• 7.2.5. You must not use any software (like bots, scraper tools, artificial intelligence) to access, monitor, reproduce or copy your upgraded NSW Digital Photo Card.
• 7.2.6. You must keep your MyServiceNSW Account email and password secure at all times — do not share your password with anyone else.
• 7.2.7. You must ensure your phone is working and sufficiently charged so that your upgraded NSW Digital Photo Card  can be viewed and shared with Service NSW.
• 7.2.8. You must ensure that you are using the latest version of the Service NSW mobile app and apply all updates to the Service NSW mobile app as they are made available for installation (e.g. software updates that enable a new functionality).
• 7.2.9. You must ensure that multi-factor Authentication is turned on within your MyServiceNSW Account before you create a upgraded NSW Digital Photo Card and that it remains enabled for the duration of the Pilot.

7.3. You must immediately cease using your upgraded NSW Digital Photo Card upon:

• 7.3.1. Your NSW Photo Card being cancelled;
• 7.3.2. Your NSW Photo Card being seized by the Police or other authorised officer;
• 7.3.3. Surrendering your NSW Photo Card or NSW Digital Photo Card for any reason; or
• 7.3.4. Having your upgraded NSW Digital Photo Card disabled by Service NSW.

7.4. If Service NSW suspects that your upgraded NSW Digital Photo Card is being used in a manner that is not permitted, including for any illegal or fraudulent activity, Service NSW may also take further action, including carrying out an investigation into the use of your upgraded NSW Digital Photo Card. In the most serious cases, misuse of your upgraded NSW Digital Photo Card may result in Service NSW suspending, revoking or disabling your upgraded NSW Digital Photo Card or any access granted to you. Where illegal or fraudulent activity is suspected, Service NSW may also notify NSW police and other authorities as permitted by law.

7.5. Contact Service NSW immediately if you suspect that the security of your upgraded NSW Digital Photo Card may have been compromised, or if you see any abnormal activity. For example, if you are unable to access your upgraded NSW Digital Photo Card within your Service NSW mobile app or the details of your upgraded NSW Digital Photo Card are not your own and you have checked that you are using the correct email and password.

7.6. You should change your MyServiceNSW Account password immediately if you think someone else has become aware of it.

8. Suspension or termination of the Pilot

8.1. Notwithstanding any other provision in these Terms and Conditions, Service NSW may, in its absolute discretion, suspend of terminate the Pilot at any time, for any reason, including suspending your upgraded NSW Digital Photo Card. 

8.2. Any action as provided in clause 10.1 will be notified to you.

9. Cost

9.1. Adding a upgraded NSW Digital Photo Card into your Wallet is free, however you bear all other associated costs (including any data or internet costs incurred in accessing your upgraded NSW Digital Photo Card).

10. Limitation of liability and indemnities

10.1. Service NSW is not liable in the event that you cannot view your upgraded NSW Digital Photo Card (for example network connectivity problems) or if you attempt to use your upgraded NSW Digital Photo Card as proof of identity and it is not accepted. Service NSW recommends that you carry your plastic NSW Photo Card as a backup.

10.2. Except for any liability that cannot be excluded by law, Service NSW (including its 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 or holding the upgraded NSW Digital Photo Card including the unavailability of the upgraded NSW Digital Photo Card.

10.3. To the extent permitted by law, you agree to release, fully indemnify and keep fully indemnified, Service NSW (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 the upgraded NSW Digital Photo Card including the unavailability of the upgraded NSW Digital Photo Card or the refusal of a third person to accept your upgraded NSW Digital Photo Card.

11. Contact

11.1. For help or to make a complaint call us on 13 77 88, visit a service centre or use our online enquiry form.

12. General

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

13. Variation

13.1. 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 upgraded NSW Digital Photo Card. 

13.2. You agree to receive any notifications in relation to any amendment of these Terms and Conditions. 

13.3. These Terms and Conditions, as varied, deleted or supplemented from time to time, apply to any future version of, or update to, the upgraded NSW Digital Photo Card.

14. Waiver

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

15. Severability

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

16. Governing law 

16.1. These Terms and Conditions will 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.

17. Survival

17.1. 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.