none
act-2006-012
Disability Services Act 2006
2027-09-01T00:00:00+10:00
2025-11-01T00:00:00+10:00
sl-2017-0099
allinforce
Department of Communities, Child Safety and Disability Services
99
reprint
2025-11-01
website
stagerepeal
act-1992-022
1
2027-09-01T00:00:00+10:00
reg
Disability Services Regulation 2017
2017
2017
Disability Services Regulation 2017
Part 1
Preliminary
1
Short title
This regulation may be cited as the Disability Services Regulation 2017.
2
Commencement
This regulation commences on 1 July 2017.
3
Interpretation
In this regulation—
unique client identifier, for an adult, means the unique number allocated to the adult by the department.
s 3 sub 2021 SL No. 2s 4
Part 2
Disability worker screening
pt 2 hdg sub 2021 SL No. 2s 5
4
Prescribed service—Act, s 12
For section 12(1)(g) of the Act, a service that is related to the provision of care and support, or protection to a forensic disability client at the Forensic Disability Service under the Forensic Disability Act 2011 is prescribed for part 5 of the Act.
s 4 amd 2019 SL No. 125s 4
sub 2021 SL No. 2s 6
5
Prescribed entities for NDIS worker screening application—Act, s 65
(1)
For section 65(a)(iii) of the Act, the following entities are prescribed—
(a)
the Agency;
(b)
the NDIS commission;
(c)
a service provider that receives Commonwealth funding to provide any of the following services or supports to people with disability—
(i)
a service known as a local area coordination service;
(ii)
a support provided to an NDIS participant known as an early intervention support for early childhood;
(iii)
a service or support provided under a program called the information linkages and capacity building program administered by the department of the Commonwealth responsible for administering the Social Security Act 1991 (Cwlth);
(d)
an NDIS service provider that receives Commonwealth funding to provide a continuity of support service.
(2)
A continuity of support service is a disability service provided by an entity to a person with disability if—
(a)
the entity is an NDIS service provider; and
(b)
the person is aged—
(i)
if the person is an Aboriginal or Torres Strait Islander person—50 years or more; or
(ii)
otherwise—65 years old; and
(c)
an NDIS support or service that is of the same kind as the disability service is available to be provided to persons in the area in which the disability service is provided to the person; and
(d)
the entity or another entity provided the disability service to the person before the NDIS support or service became available in the area.
(3)
In this section—
Agency see the National Disability Insurance Scheme Act 2013 (Cwlth), section 9.
Commonwealth funding means recurrent or one-off funds from a department of the Commonwealth.
NDIS participant means a person who is a participant in the national disability insurance scheme under the National Disability Insurance Scheme Act 2013 (Cwlth).
s 5 sub 2019 SL No. 125s 5; 2021 SL No. 2s 6
5AA
s 5AA ins 2020 SL No. 254s 4
om 2021 SL No. 2s 6
5A
s 5A ins 2019 SL No. 125s 6
om 2021 SL No. 2s 6
6
Criterion for NDIS worker screening application—Act, s 65
For section 65(b) of the Act, the criterion prescribed is that the person either—
(a)
lives, or proposes to live, in Queensland; or
(b)
is, or proposes to be, engaged to carry out NDIS disability work in Queensland.
s 6 sub 2021 SL No. 2s 6
7
Prescribed entities for State worker screening application—Act, s 66
For section 66(c) of the Act, the department in which the Disability Services Act 2006, part 5 is administered is prescribed.
s 7 (prev s 6AA) ins 2021 SL No. 2s 6
renum 2021 SL No. 2s 14
8
Clearance holder to notify change in other information—Act, s 104
For section 104(3)(c) of the Act, the following matters about the person are prescribed—
(a)
the person starts or ends an engagement to carry out disability work for an entity;
(b)
the person starts or stops carrying out disability work as an NDIS sole trader or State sole trader.
s 8 (prev s 6AB) ins 2021 SL No. 2s 6
renum 2021 SL No. 2s 14
9
Prescribed entities for other information—Act, s 138R
For section 138R(5) of the Act, definition prescribed entity, the following entities are prescribed—
(a)
the chief executive officer of the Australian Health Practitioner Regulation Agency established under the Health Practitioner Regulation National Law (Queensland);
(b)
the chief executive of the department in which the Animal Care and Protection Act 2001 is administered;
(c)
the health ombudsman under the Health Ombudsman Act 2013.
s 9 (prev s 6AC) ins 2021 SL No. 2s 6
renum 2021 SL No. 2s 14
9A
s 9A ins 2019 SL No. 125s 9
om 2021 SL No. 2s 11
10
Serious offences and disqualifying offences
(1)
For schedule 8 of the Act, definition serious offence, an offence against a provision of an Act of the Commonwealth mentioned in schedule 2 or 3 is prescribed to be a serious offence—
(a)
if each circumstance (if any) stated for the offence in the schedule applies to the offence; and
(b)
regardless of whether the provision has been amended from time to time or numbered differently.
(2)
For schedule 8 of the Act, definition disqualifying offence, an offence against a provision of an Act of the Commonwealth mentioned in schedule 4 or 5 is prescribed to be a disqualifying offence—
(a)
if each circumstance (if any) stated for the offence in the schedule applies to the offence; and
(b)
regardless of whether the provision has been amended from time to time or numbered differently.
s 10 prev s 10 amd 2018 SL No. 87s 4; 2019 SL No. 109s 4; 2020 SL No. 146s 3
om 2020 SL No. 264s 4
pres s 10 (prev s 6AD) ins 2021 SL No. 2s 6
renum 2021 SL No. 2s 14
11
Risk assessment matters
(1)
For schedule 8 of the Act, definition risk assessment matter, each of the following is prescribed to be a risk assessment matter in relation to a person—
(a)
a disability worker screening application or corresponding interstate application made by the person was refused;
(b)
a working with children check application or corresponding interstate application made by the person was refused;
(c)
a clearance or interstate clearance held by the person was cancelled and an exclusion or interstate exclusion was issued to the person;
(d)
a working with children clearance or interstate WWC authority held by the person was cancelled and a negative notice was issued to the person;
(e)
the person is the subject of a workplace investigation about the person’s alleged conduct that includes—
(i)
assault or violent behaviour; or
(ii)
inappropriate sexual behaviour; or
(iii)
fraud, deceit or theft; or
(iv)
failing to provide appropriate care for a vulnerable person in the person’s care;
(f)
the person is or was the subject of an investigation by a government entity and, as a result of the investigation, the person becomes subject to a condition or restriction in relation to having contact with a child;
(g)
disciplinary action is taken against the person;
(h)
a domestic violence order is made against the person.
(2)
In this section—
corresponding interstate application means—
(a)
for a disability worker screening application—an application, however called, made under a corresponding law that corresponds to a disability worker screening application; or
(b)
for a working with children check application—an application, however called, made under a corresponding WWC law that corresponds to a working with children check application.
corresponding State law means a law of another State that relates to the screening of persons who carry out, or propose to carry out, work in that State that corresponds to State disability work.
corresponding WWC law means a law of another State that substantially corresponds to the Working with Children Act.
interstate clearance means—
(a)
an interstate NDIS clearance; or
(b)
a clearance, however called, issued under a corresponding State law that corresponds to a State clearance.
interstate exclusion means—
(a)
an interstate NDIS exclusion; or
(b)
an exclusion, however called, issued under a corresponding State law that corresponds to a State exclusion.
interstate WWC authority means an authority, however called, issued under a corresponding WWC law that corresponds to a working with children clearance.
negative notice means—
(a)
a negative notice under the Working with Children Act; or
(b)
a notice, however called, issued under a corresponding WWC law that corresponds to a notice mentioned in paragraph (a).
s 11 prev s 11 amd 2018 SL No. 87s 4; 2019 SL No. 109s 4; 2020 SL No. 146s 3
om 2020 SL No. 264s 4
pres s 11 (prev s 6AE) ins 2021 SL No. 2s 6
renum 2021 SL No. 2s 14
Part 3
Restrictive practices
pt 3 hdg (prev pt 2A hdg) ins 2021 SL No. 2s 7
renum 2021 SL No. 2s 13
12
Service providers to which pt 6 of the Act does not apply—Act, s 140
(1)
For section 140(2) of the Act, a service provider that is a registered provider under the Aged Care Act 2024 (Cwlth) is prescribed if—
(a)
the service provider is providing disability services or NDIS supports or services to an adult; and
(b)
the adult has an approval, under the Aged Care Act 2024 (Cwlth), section 65(2), to access funded aged care services for the service group residential care.
(2)
In this section—
funded aged care services see the Aged Care Act 2024 (Cwlth), section 7.
service group see the Aged Care Act 2024 (Cwlth), section 7.
s 12 (prev s 6A) ins 2019 SL No. 125s 7
amd 2020 SL No. 254s 5
renum 2021 SL No. 2s 14
amd 2023 SL No. 120s 3; 2025 SL No. 47s 4
13
Information about restrictive practice approvals—Act, s 199
(1)
This section applies if a relevant service provider is using a restrictive practice in relation to an adult with an intellectual or cognitive disability.
(2)
Within 14 days after the provider is given the restrictive practice approval to use the restrictive practice, the provider must give the following information to the chief executive—
(a)
the adult’s—
(i)
full name; and
(ii)
unique client identifier; and
(iii)
date of birth; and
(iv)
gender; and
(v)
primary disability;
(b)
the relevant service provider’s—
(i)
name; and
(ii)
provider number; and
(iii)
contact telephone number; and
(iv)
email address;
(c)
the type of disability services or NDIS supports or services provided by the service provider;
(d)
the person, identified by name or position title, authorised by the service provider to use the restrictive practice;
(e)
the type of approval;
(f)
who gave the approval;
(g)
the restrictive practice;
(h)
the date of the positive behaviour support plan for the adult that provides for the use of the restrictive practice;
(i)
the date the approval was given;
(j)
the date the approval expires.
(3)
Within 14 days after a change in any of the information given under subsection (2), the provider must give the chief executive the current information.
(4)
The relevant service provider must give the information in the form approved by the chief executive.
(5)
In this section—
CEO means CEO within the meaning of the National Disability Insurance Scheme Act 2013 (Cwlth).
provider number means—
(a)
for each relevant service provider—the unique number allocated to the relevant service provider under a service contract between the relevant service provider and the department; and
(b)
for a relevant service provider who is an NDIS service provider—any unique registration number allocated to the relevant service provider by the CEO on the relevant service provider’s registration as a registered provider of supports.
registered provider of supports means a registered provider of supports within the meaning of the National Disability Insurance Scheme Act 2013 (Cwlth).
restrictive practice approval see section 195(7) of the Act.
s 13 (prev s 7) amd 2021 SL No. 2s 8
renum 2021 SL No. 2s 14
amd 2023 SL No. 120s 4
14
Information about use of restrictive practices—Act, s 199
(1)
This section applies if a relevant service provider is using a restrictive practice in relation to an adult with an intellectual or cognitive disability.
(2)
The provider must give the following information to the chief executive for each calendar month in which the restrictive practice is used—
(a)
the adult’s full name;
(b)
the adult’s unique client identifier;
(c)
the restrictive practice used;
(d)
the days on which, or the days between which, the restrictive practice was used;
(e)
the times when the restrictive practice started and ended on each of the days;
(f)
the frequency with which the restrictive practice was used;
(g)
any episodic or isolated uses of the restrictive practice;
(h)
the place where the restrictive practice was used;
(i)
any injury to a person that happened when the restrictive practice was used;
(j)
if a mechanical or physical restraint was used—the type of restraint;
(k)
if the restrictive practice involved restricting access to an object—the object;
(l)
if a medication was used as a chemical restraint—
(i)
the generic name of the medication; and
(ii)
the proprietary name of the medication; and
(iii)
the prescribed dose of the medication; and
(iv)
the prescribed frequency of the dose of the medication; and
(v)
the name of the doctor who prescribed the medication.
(3)
The provider must give the information to the chief executive using an electronic system approved by the chief executive.
(4)
The provider must give the information to the chief executive—
(a)
on the second Friday of the calendar month immediately after the calendar month in which the restrictive practice is used; and
(b)
at other times if the chief executive, by written notice to the provider, requires the provider to do so.
(5)
A notice under subsection (4)(b) must state—
(a)
the period to which the information must relate; and
(b)
the type of information, mentioned in subsection (2), that the provider is required to give; and
(c)
when the provider must give the information to the chief executive.
s 14 (prev s 8) renum 2021 SL No. 2s 14
Part 4
Miscellaneous provisions
pt 4 hdg ins 2021 SL No. 2s 9
15
Prescribed relevant service providers—Act, s 199
(1)
For section 199(1) of the Act, an NDIS provider providing a class of supports to a participant under a plan is prescribed.
(2)
In this section—
class of supports means a class of supports mentioned in the NDIS (Registration) Rules, section 20(3).
NDIS (Registration) Rules means the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018 (Cwlth).
participant see the NDIS Act, section 9.
plan see the NDIS Act, section 9.
s 15 (prev s 8A) ins 2019 SL No. 125s 8
amd 2021 SL No. 2s 10
renum 2021 SL No. 2s 14
16
Records funded service provider must make and keep—Act, s 215
(1)
For section 215 of the Act, the records a funded service provider must make and keep are as follows—
(a)
the address of each of the provider’s service outlets;
(b)
for each of the provider’s consumers—
(i)
the consumer’s name, address and telephone number; and
(ii)
the name, address and telephone number of the person nominated by the consumer as the emergency contact for the consumer;
(c)
the following relating to the screening of persons engaged or proposed to be engaged by the provider—
(i)
copies of applications or other documents given by the provider to the chief executive;
(ii)
documents received by the provider from the chief executive;
(d)
documents relating to written complaints made to the provider about the delivery or non-delivery of disability services by the provider;
(e)
copies of documents given by the provider to the chief executive relating to incidents that have happened in the provision of disability services by the provider;
(f)
if a compliance notice has been given to the provider by the chief executive, a copy of the compliance notice;
(g)
the financial records required to be kept by the provider under the funding agreement entered into by the provider.
(2)
A record mentioned in subsection (1) must be kept for at least 7 years after the record is made.
(3)
In this section—
compliance notice see the Community Services Act 2007, section 19(1).
s 16 (prev s 9) renum 2021 SL No. 2s 14
amd 2023 SL No. 120s 5
17
Fees
The fees payable under the Act are stated in schedule 1.
s 17 (prev s 12) amd 2018 SL No. 87s 5; 2019 SL No. 109s 5; 2020 SL No. 146s 4
sub 2020 SL No. 264s 5
renum 2021 SL No. 2s 14
17A
Rounding of amounts expressed as numbers of fee units
(1)
This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.
(2)
For the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded—
(a)
if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or
(b)
if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards).
Example—
If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.
s 17A ins 2022 SL No. 83s 4
18
Refund or waiver of fees
(1)
This section applies if a person who holds a clearance—
(a)
gives the chief executive a notice under section 103 of the Act in relation to the clearance; and
(b)
is required to pay the prescribed application fee under section 103(3) of the Act.
(2)
The chief executive must waive the proportion of the amount of a prescribed application fee mentioned in schedule 1, item 2 or 4 that is the same as the proportion of the term of the person’s clearance, rounded down to the nearest whole year, that elapsed before the notice was given.
s 18 (prev s 13) amd 2018 SL No. 87s 4; 2019 SL No. 109s 4; 2020 SL No. 146s 3
sub 2020 SL No. 264s 5
renum 2021 SL No. 2s 14
amd 2022 SL No. 83s 5
Part 5
Repeal and transitional provision
pt 5 hdg (prev pt 3 hdg) renum 2021 SL No. 2s 13
19
Repeal
The Disability Services Regulation 2006, SL No. 161 is repealed.
s 19 (prev s 14) renum 2021 SL No. 2s 14
20
References in s 9(1)(f) to compliance notice
(1)
In section 9(1)(f), a reference to a compliance notice includes a reference to a compliance notice given under former section 161 of the Act.
(2)
In this section—
former section 161 of the Act means section 161 of the Act as in force from time to time before its repeal by the Communities Legislation (Funding Red Tape Reduction) Amendment Act 2014, section 59.
Note—
Section 59 of that Act commenced on 1 July 2014.
Editor’s note—
Section 9 was renumbered by the Disability Services and Other Legislation (Worker Screening) Amendment Regulation 2021, section 14.
s 20 (prev s 15) amd 2021 SL No. 2s 12
renum 2021 SL No. 2s 14
Schedule 1
Fees
section 17
sch 1 hdg amd 2021 SL No. 2s 15
Part 1
Particular fees related to NDIS clearances
$
1
Application for an NDIS clearance (Act, s 68(1)(c))—
(a)
for a volunteer
nil
(b)
for an applicant who proposes to carry out disability work as an NDIS sole trader, or as an NDIS sole trader and a State sole trader, only on an unpaid basis
nil
(c)
otherwise
156.00
2
Prescribed application fee (Act, s 103)—
(a)
for a person who holds an NDIS clearance who is engaged to carry out disability work other than as a volunteer
156.00
(b)
for an NDIS sole trader who starts carrying out disability work for financial reward
156.00
Part 2
Other fees
Fee units
3
Application for a State clearance (Act, s 68(1)(c))—
(a)
for a volunteer
nil
(b)
for an applicant who proposes to carry out State disability work as a State sole trader only on an unpaid basis
nil
(c)
otherwise
97.60
4
Prescribed application fee (Act, s 103)—
(a)
for a person who holds a State clearance who is engaged to carry out disability work other than as a volunteer
97.60
(b)
for a State sole trader who starts carrying out disability work for financial reward
97.60
5
Application for a replacement clearance card (Act, s 105(2)(b))
14.75
6
Application to cancel an exclusion (Act, s 131(1)(c))—
(a)
for an NDIS exclusion
119.00
(b)
for a State exclusion
97.60
sch 1 prev sch 1 om 2019 SL No. 125s 10
pres sch 1 ins 2020 SL No. 264s 6
amd 2021 SL No. 73s 4
sub 2022 SL No. 83s 6
amd 2023 SL No. 53s 4; 2024 SL No. 88s 4; 2025 SL No. 61s 4
Schedule 2
Current serious offences against a provision of an Act of the Commonwealth
section 10
(1)
1 Crimes (Internationally Protected Persons) Act 1976 (Cwlth)
Provision
Relevant heading
Circumstances for offence
8(2)(b)
Offences
the offence is not a disqualifying offence
2 Criminal Code (Cwlth)
Provision
Relevant heading
Circumstances for offence
71.3
Manslaughter of a UN or associated person
71.4
Intentionally causing serious harm to a UN or associated person
the offence is not a disqualifying offence
71.5
Recklessly causing serious harm to a UN or associated person
the offence is not a disqualifying offence
71.8
Unlawful sexual penetration
the offence is not a disqualifying offence
71.9
Kidnapping a UN or associated person
the offence is not a disqualifying offence
71.10
Unlawful detention of UN or associated person
the offence is not a disqualifying offence
73.2
Aggravated offence of people smuggling (danger of death or serious harm etc.)
the offence is not a disqualifying offence
73.3
Aggravated offence of people smuggling (at least 5 people)
the offence is not a disqualifying offence
73.3A
Supporting the offence of people smuggling
the offence is not a disqualifying offence
73.8
Making, providing or possessing a false travel or identity document
the offence was committed in relation to a travel or identity document for a child or vulnerable person
73.9
Providing or possessing a travel or identity document issued or altered dishonestly or as a result of threats
the offence was committed in relation to a travel or identity document for a child or vulnerable person
73.10
Providing or possessing a travel or identity document to be used by a person who is not the rightful user
the offence was committed in relation to a travel or identity document for a child or vulnerable person
80.1
Treason
80.1AA
Treason—assisting enemy to engage in armed conflict
80.1AC
Treachery
80.2(1)
Urging violence against the Constitution etc.
80.2A
Urging violence against groups
80.2B
Urging violence against members of groups
80.2C
Advocating terrorism
80.2D
Advocating genocide
82.3
Offence of sabotage involving foreign principal with intention as to national security
82.4
Offence of sabotage involving foreign principal reckless as to national security
82.5
Offence of sabotage with intention as to national security
82.6
Offence of sabotage reckless as to national security
82.7
Offence of introducing vulnerability with intention as to national security
82.8
Offence of introducing vulnerability reckless as to national security
82.9
Preparing for or planning sabotage offence
83.1
Advocating mutiny
83.2
Assisting prisoners of war to escape
83.3
Military‐style training involving foreign government principal etc.
91.1
Espionage—dealing with information etc. concerning national security which is or will be communicated or made available to foreign principal
91.2
Espionage—dealing with information etc. which is or will be communicated or made available to foreign principal
91.3
Espionage—security classified information etc.
91.6
Aggravated espionage offence
91.8
Espionage on behalf of foreign principal
91.11
Offence of soliciting or procuring an espionage offence or making it easier to do so
91.12
Offence of preparing for an espionage offence
92.2
Offence of intentional foreign interference
92.3
Offence of reckless foreign interference
92.4
Offence of preparing for a foreign interference offence
92.7
Knowingly supporting foreign intelligence agency
92.8
Recklessly supporting foreign intelligence agency
92.9
Knowingly funding or being funded by foreign intelligence agency
92.10
Recklessly funding or being funded by foreign intelligence agency
92A.1
Theft of trade secrets involving foreign government principal
101.1
Terrorist acts
101.2
Providing or receiving training connected with terrorist acts
101.4
Possessing things connected with terrorist acts
101.5
Collecting or making documents likely to facilitate terrorist acts
101.6
Other acts done in preparation for, or planning, terrorist acts
102.2
Directing the activities of a terrorist organisation
102.3
Membership of a terrorist organisation
102.4
Recruiting for a terrorist organisation
102.5
Training involving a terrorist organisation
102.6
Getting funds to, from or for a terrorist organisation
102.7
Providing support to a terrorist organisation
102.8
Associating with terrorist organisations
103.1
Financing terrorism
103.2
Financing a terrorist
115.2
Manslaughter of an Australian citizen or a resident of Australia
115.3
Intentionally causing serious harm to an Australian citizen or a resident of Australia
the offence is not a disqualifying offence
115.4
Recklessly causing serious harm to an Australian citizen or a resident of Australia
the offence is not a disqualifying offence
119.1
Incursions into foreign countries with the intention of engaging in hostile activities
119.4
Preparations for incursions into foreign countries for purpose of engaging in hostile activities
122.1
Communication and other dealings with inherently harmful information by current and former Commonwealth officers etc.
122.2
Conduct by current and former Commonwealth officers etc. causing harm to Australia’s interests
122.4
Unauthorised disclosure of information by current and former Commonwealth officers etc.
134.1
Obtaining property by deception
134.2
Obtaining a financial advantage by deception
135.1
General dishonesty
135.2
Obtaining financial advantage
135.4
Conspiracy to defraud
136.1
False or misleading statements in applications
137.1
False or misleading information
137.2
False or misleading documents
142.2
Abuse of public office
144.1
Forgery
145.1
Using forged document
145.2
Possession of forged document
145.4
Falsification of documents etc.
145.5
Giving information derived from false or misleading documents
148.1
Impersonation of an official by a non-official
148.2
Impersonation of an official by another official
268.4
Genocide by causing serious bodily or mental harm
the offence is not a disqualifying offence
268.10
Crime against humanity—enslavement
the offence is not a disqualifying offence
268.11
Crime against humanity—deportation or forcible transfer of population
268.12
Crime against humanity—imprisonment or other severe deprivation of physical liberty
268.13
Crime against humanity—torture
the offence is not a disqualifying offence
268.14
Crime against humanity—rape
the offence is not a disqualifying offence
268.15
Crime against humanity—sexual slavery
the offence is not a disqualifying offence
268.16
Crime against humanity—enforced prostitution
the offence is not a disqualifying offence
268.17
Crime against humanity—forced pregnancy
268.18
Crime against humanity—enforced sterilisation
268.19
Crime against humanity—sexual violence
the offence is not a disqualifying offence
268.20
Crime against humanity—persecution
268.21
Crime against humanity—enforced disappearance of persons
the offence is not a disqualifying offence
268.22
Crime against humanity—apartheid
268.23
Crime against humanity—other inhumane act
268.25
War crime—torture
the offence is not a disqualifying offence
268.26
War crime—inhumane treatment
the offence is not a disqualifying offence
268.27
War crime—biological experiments
the offence is not a disqualifying offence
268.28
War crime—wilfully causing great suffering
the offence is not a disqualifying offence
268.29
War crime—destruction and appropriation of property
268.30
War crime—compelling service in hostile forces
268.31
War crime—denying a fair trial
268.32
War crime—unlawful deportation or transfer
268.33
War crime—unlawful confinement
268.34
War crime—taking hostages
268.35
War crime—attacking civilians
268.36
War crime—attacking civilian objects
268.37
War crime—attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission
268.38
War crime—excessive incidental death, injury or damage
the offence is not a disqualifying offence
268.39
War crime—attacking undefended places
268.40
War crime—killing or injuring a person who is hors de combat
the offence is not a disqualifying offence
268.41
War crime—improper use of a flag of truce
the offence is not a disqualifying offence
268.42
War crime—improper use of a flag, insignia or uniform of the adverse party
the offence is not a disqualifying offence
268.43
War crime—improper use of a flag, insignia or uniform of the United Nations
the offence is not a disqualifying offence
268.44
War crime—improper use of the distinctive emblems of the Geneva Conventions
the offence is not a disqualifying offence
268.45
War crime—transfer of population
268.46
War crime—attacking protected objects
268.47
War crime—mutilation
the offence is not a disqualifying offence
268.48
War crime—medical or scientific experiments
the offence is not a disqualifying offence
268.49
War crime—treacherously killing or injuring
the offence is not a disqualifying offence
268.50
War crime—denying quarter
the offence is not a disqualifying offence
268.51
War crime—destroying or seizing the enemy’s property
268.52
War crime—depriving nationals of the adverse power of rights or actions
268.53
War crime—compelling participation in military operations
268.54
War crime—pillaging
268.55
War crime—employing poison or poisoned weapons
the offence is not a disqualifying offence
268.56
War crime—employing prohibited gases, liquids, materials or devices
the offence is not a disqualifying offence
268.57
War crime—employing prohibited bullets
268.58
War crime—outrages upon personal dignity
268.59
War crime—rape
the offence is not a disqualifying offence
268.60
War crime—sexual slavery
the offence is not a disqualifying offence
268.61
War crime—enforced prostitution
the offence is not a disqualifying offence
268.62
War crime—forced pregnancy
268.63
War crime—enforced sterilisation
268.64
War crime—sexual violence
the offence is not a disqualifying offence
268.66
War crime—attacking persons or objects using the distinctive emblems of the Geneva Conventions
268.67
War crime—starvation as a method of warfare
268.68
War crime—using, conscripting or enlisting children
268.71
War crime—mutilation
the offence is not a disqualifying offence
268.72
War crime—cruel treatment
268.73
War crime—torture
the offence is not a disqualifying offence
268.74
War crime—outrages upon personal dignity
268.75
War crime—taking hostages
268.76
War crime—sentencing or execution without due process
the offence is not a disqualifying offence
268.77
War crime—attacking civilians
268.78
War crime—attacking persons or objects using the distinctive emblems of the Geneva Conventions
268.79
War crime—attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission
268.80
War crime—attacking protected objects
268.81
War crime—pillaging
268.82
War crime—rape
the offence is not a disqualifying offence
268.84
War crime—enforced prostitution
the offence is not a disqualifying offence
268.85
War crime—forced pregnancy
268.86
War crime—enforced sterilisation
268.87
War crime—sexual violence
the offence is not a disqualifying offence
268.88
War crime—using, conscripting or enlisting children
268.89
War crime—displacing civilians
268.90
War crime—treacherously killing or injuring
the offence is not a disqualifying offence
268.91
War crime—denying quarter
the offence is not a disqualifying offence
268.92
War crime—mutilation
the offence is not a disqualifying offence
268.93
War crime—medical or scientific experiments
the offence is not a disqualifying offence
268.94
War crime—destroying or seizing an adversary’s property
268.95
War crime—medical procedure
268.96
War crime—removal of blood, tissue or organs for transplantation
268.97
War crime—attack against works or installations containing dangerous forces resulting in excessive loss of life or injury to civilians
the offence is not a disqualifying offence
268.98
War crime—attacking undefended places or demilitarized zones
the offence is not a disqualifying offence
268.99
War crime—unjustifiable delay in the repatriation of prisoners of war or civilians
268.100
War crime—apartheid
268.101
War crime—attacking protected objects
270.3
Slavery offences
the offence is not a disqualifying offence
270.5
Servitude offences
the offence is not a disqualifying offence
270.6A
Forced labour offences
the offence is not a disqualifying offence
270.7
Deceptive recruiting for labour or services
the offence is not a disqualifying offence
270.7B
Forced marriage offences
the offence is not a disqualifying offence
270.7C
Offence of debt bondage
the offence is not a disqualifying offence
271.2
Offence of trafficking in persons
the offence is not a disqualifying offence
271.3
Trafficking in persons—aggravated offence
the offence is not a disqualifying offence
271.5
Offence of domestic trafficking in persons
the offence is not a disqualifying offence
271.6
Domestic trafficking in persons—aggravated offence
the offence is not a disqualifying offence
271.7B
Offence of organ trafficking—entry into and exit from Australia
the offence is not a disqualifying offence
271.7C
Organ trafficking—aggravated offence
the offence is not a disqualifying offence
271.7D
Offence of domestic organ trafficking
the offence is not a disqualifying offence
271.7E
Domestic organ trafficking—aggravated offence
the offence is not a disqualifying offence
273B.4
Failing to protect child at risk of child sexual abuse offence
274.2
Torture
the offence is not a disqualifying offence
302.2
Trafficking commercial quantities of controlled drugs
303.4
Cultivating commercial quantities of controlled plants
304.1
Selling commercial quantities of controlled plants
305.3
Manufacturing commercial quantities of controlled drugs
305.4
Manufacturing marketable quantities of controlled drugs
the offence committed is an aggravated offence under section 310.4(2)
306.2
Pre-trafficking commercial quantities of controlled precursors
306.3
Pre-trafficking marketable quantities of controlled precursors
the offence committed is an aggravated offence under section 310.4(3)
306.4
Pre-trafficking controlled precursors
the offence committed is an aggravated offence under section 310.4(3)
307.1
Importing and exporting commercial quantities of border controlled drugs or border controlled plants
307.11
Importing and exporting commercial quantities of border controlled precursors
308.3
Possessing plant material, equipment or instructions for commercial cultivation of controlled plants
the offence is committed in relation to the intended cultivation or sale of a commercial quantity of a controlled plant or any of its products
309.2
Supplying controlled drugs to children
309.3
Supplying marketable quantities of controlled drugs to children for trafficking
309.4
Supplying controlled drugs to children for trafficking
309.7
Procuring children for trafficking marketable quantities of controlled drugs
309.8
Procuring children for trafficking controlled drugs
309.10
Procuring children for pre-trafficking marketable quantities of controlled precursors
309.11
Procuring children for pre-trafficking controlled precursors
309.12
Procuring children for importing or exporting marketable quantities of border controlled drugs or border controlled plants
309.13
Procuring children for importing or exporting border controlled drugs or border controlled plants
309.14
Procuring children for importing or exporting marketable quantities of border controlled precursors
309.15
Procuring children for importing or exporting border controlled precursors
310.2
Danger from exposure to unlawful manufacturing
310.3
Harm from exposure to unlawful manufacturing
372.1
Dealing in identification information
the offence was committed in relation to identification information for a child or vulnerable person
372.1A
Dealing in identification information that involves use of a carriage service
the offence was committed in relation to identification information for a child or vulnerable person
372.2
Possession of identification information
the offence was committed in relation to identification information for a child or vulnerable person
474.17A
Aggravated offences involving private sexual material—using a carriage service to menace, harass or cause offence
480.4
Dishonestly obtaining or dealing in personal financial information
the offence was committed in relation to personal financial information for a child or vulnerable person
sch 2 sub 2021 SL No. 2s 16
Schedule 3
Repealed or expired serious offences against a provision of an Act of the Commonwealth
section 10
(1)
1 Criminal Code (Cwlth)
Provision
Relevant heading
Circumstances for offence
271.9
Debt bondage—aggravated offence
as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018 (Cwlth)
the offence was committed against an adult who was not a vulnerable person
sch 3 sub 2021 SL No. 2s 16
Schedule 4
Current disqualifying offences against a provision of an Act of the Commonwealth
section 10
(2)
1 Crimes (Internationally Protected Persons) Act 1976 (Cwlth)
Provision
Relevant heading
Circumstances for offence
8(1)
Offences
8(2)(b)
Offences
the offence was committed against a child or vulnerable person
2 Criminal Code (Cwlth)
Provision
Relevant heading
Circumstances for offence
71.2
Murder of a UN or associated person
71.4
Intentionally causing serious harm to a UN or associated person
the offence was committed against a child or vulnerable person
71.5
Recklessly causing serious harm to a UN or associated person
the offence was committed against a child or vulnerable person
71.8
Unlawful sexual penetration
the offence was committed against a child or vulnerable person
71.9
Kidnapping a UN or associated person
the offence was committed against a child or vulnerable person, other than in a familial context
71.10
Unlawful detention of UN or associated person
the offence was committed against a child or vulnerable person, other than in a familial context
73.2
Aggravated offence of people smuggling (danger of death or serious harm etc.)
the offence was committed against a child or vulnerable person
73.3
Aggravated offence of people smuggling (at least 5 people)
the offence was committed against at least 1 person who was a child or vulnerable person
73.3A
Supporting the offence of people smuggling
the offence was committed in relation to an offence of people smuggling that was committed against at least 1 person who was a child or vulnerable person
115.1
Murder of an Australian citizen or a resident of Australia
115.3
Intentionally causing serious harm to an Australian citizen or a resident of Australia
the offence was committed against a child or vulnerable person
115.4
Recklessly causing serious harm to an Australian citizen or a resident of Australia
the offence was committed against a child or vulnerable person
268.3
Genocide by killing
268.4
Genocide by causing serious bodily or mental harm
the offence was committed against at least 1 person who was a child or vulnerable person
268.5
Genocide by deliberately inflicting conditions of life calculated to bring about physical destruction
268.6
Genocide by imposing measures intended to prevent births
268.7
Genocide by forcibly transferring children
268.8
Crime against humanity—murder
268.9
Crime against humanity—extermination
268.10
Crime against humanity—enslavement
the offence was committed against at least 1 person who was a child or vulnerable person
268.13
Crime against humanity—torture
the offence was committed against at least 1 person who was a child or vulnerable person
268.14
Crime against humanity—rape
the offence was committed against a child or vulnerable person
268.15
Crime against humanity—sexual slavery
the offence was committed against a child or vulnerable person
268.16
Crime against humanity—enforced prostitution
the offence was committed against at least 1 person who was a child or vulnerable person
268.19
Crime against humanity—sexual violence
the offence was committed against at least 1 person who was a child or vulnerable person
268.21
Crime against humanity—enforced disappearance of persons
the offence was committed against at least 1 person who was a child or vulnerable person
268.24
War crime—wilful killing
268.25
War crime—torture
the offence was committed against at least 1 person who was a child or vulnerable person
268.26
War crime—inhumane treatment
the offence was committed against at least 1 person who was a child or vulnerable person
268.27
War crime—biological experiments
the offence was committed against at least 1 person who was a child or vulnerable person
268.28
War crime—wilfully causing great suffering
the offence was committed against at least 1 person who was a child or vulnerable person
268.38
War crime—excessive incidental death, injury or damage
the commission of the offence resulted in death
268.40
War crime—killing or injuring a person who is hors de combat
the commission of the offence resulted in death
268.41
War crime—improper use of a flag of truce
the commission of the offence resulted in death
268.42
War crime—improper use of a flag, insignia or uniform of the adverse party
the commission of the offence resulted in death
268.43
War crime—improper use of a flag, insignia or uniform of the United Nations
the commission of the offence resulted in death
268.44
War crime—improper use of the distinctive emblems of the Geneva Conventions
the commission of the offence resulted in death
268.47(1)
War crime—mutilation
268.47(2)
War crime—mutilation
the offence was committed against at least 1 person who was a child or vulnerable person
268.48(1)
War crime—medical or scientific experiments
268.48(2)
War crime—medical or scientific experiments
the offence was committed against at least 1 person who was a child or vulnerable person
268.49
War crime—treacherously killing or injuring
the commission of the offence resulted in death
268.50
War crime—denying quarter
the commission of the offence resulted in death
268.55
War crime—employing poison or poisoned weapons
the commission of the offence resulted in death
268.56
War crime—employing prohibited gases, liquids, materials or devices
the commission of the offence resulted in death
268.59
War crime—rape
the offence was committed against a child or vulnerable person
268.60
War crime—sexual slavery
the offence was committed against a child or vulnerable person
268.61
War crime—enforced prostitution
the offence was committed against a child or vulnerable person
268.64
War crime—sexual violence
the offence was committed against at least 1 person who was a child or vulnerable person
268.65
War crime—using protected persons as shields
the commission of the offence resulted in death
268.70
War crime—murder
268.71(1)
War crime—mutilation
268.71(2)
War crime—mutilation
the offence was committed against at least 1 person who was a child or vulnerable person
268.73
War crime—torture
the offence was committed against at least 1 person who was a child or vulnerable person
268.76
War crime—sentencing or execution without due process
the commission of the offence resulted in death
268.82
War crime—rape
the offence was committed against a child or vulnerable person
268.84
War crime—enforced prostitution
the offence was committed against at least 1 person who was a child or vulnerable person
268.87
War crime—sexual violence
the offence was committed against at least 1 person who was a child or vulnerable person
268.90
War crime—treacherously killing or injuring
the commission of the offence resulted in death
268.91
War crime—denying quarter
the commission of the offence resulted in death
268.92(1)
War crime—mutilation
268.92(2)
War crime—mutilation
the offence was committed against at least 1 person who was a child or vulnerable person
268.93
War crime—medical or scientific experiments
the commission of the offence resulted in death
268.97
War crime—attack against works or installations containing dangerous forces resulting in excessive loss of life or injury to civilians
the commission of the offence resulted in death
268.98
War crime—attacking undefended places or demilitarized zones
the commission of the offence resulted in death
270.3
Slavery offences
the offence was committed against a child or vulnerable person
270.5
Servitude offences
the offence was committed against a child or vulnerable person
270.6A
Forced labour offences
the offence was committed against a child or vulnerable person
270.7
Deceptive recruiting for labour or services
the offence was committed against a child or vulnerable person
270.7B
Forced marriage offences
the offence was committed against a child or vulnerable person
270.7C
Offence of debt bondage
the offence was committed against a child or vulnerable person
271.2
Offence of trafficking in persons
the offence was committed against a child or vulnerable person
271.3
Trafficking in persons—aggravated offence
the offence was committed against a child or vulnerable person
271.4
Offence of trafficking in children
271.5
Offence of domestic trafficking in persons
the offence was committed against a child or vulnerable person
271.6
Domestic trafficking in persons—aggravated offence
the offence was committed against a child or vulnerable person
271.7
Offence of domestic trafficking in children
271.7B
Offence of organ trafficking—entry into and exit from Australia
the offence was committed against a child or vulnerable person
271.7C
Organ trafficking—aggravated offence
the offence was committed against a child or vulnerable person
271.7D
Offence of domestic organ trafficking
the offence was committed against a child or vulnerable person
271.7E
Domestic organ trafficking—aggravated offence
the offence was committed against a child or vulnerable person
272.8
Sexual intercourse with child outside Australia
272.9
Sexual activity (other than sexual intercourse) with child outside Australia
272.10
Aggravated offence—sexual intercourse or other sexual activity with child outside Australia
272.11
Persistent sexual abuse of child outside Australia
272.12
Sexual intercourse with young person outside Australia—defendant in position of trust or authority
272.13
Sexual activity (other than sexual intercourse) with young person outside Australia—defendant in position of trust or authority
272.14
Procuring child to engage in sexual activity outside Australia
272.15
“Grooming” child to engage in sexual activity outside Australia
272.15A
“Grooming” person to make it easier to engage in sexual activity with a child outside Australia
272.18
Benefiting from offence against this Division
272.19
Encouraging offence against this Division
272.20
Preparing for or planning offence against this Division
273.6
Possessing, controlling, producing, distributing or obtaining child abuse material outside Australia
273.7
Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people
273A.1
Possession of child-like sex dolls etc.
274.2
Torture
the offence was committed against a child or vulnerable person
471.19
Using a postal or similar service for child abuse material
471.20
Possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service
471.22
Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people
471.24
Using a postal or similar service to procure persons under 16
471.25
Using a postal or similar service to “groom” persons under 16
471.25A
Using a postal or similar service to “groom” another person to make it easier to procure persons under 16
471.26
Using a postal or similar service to send indecent material to person under 16
474.22
Using a carriage service for child abuse material
474.22A
Possessing or controlling child abuse material obtained or accessed using a carriage service
474.23
Possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service
474.23A
Conduct for the purposes of electronic service used for child abuse material
474.24A
Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people
474.25A
Using a carriage service for sexual activity with person under 16 years of age
474.25B
Aggravated offence—using a carriage service for sexual activity with person under 16 years of age
474.25C
Using a carriage service to prepare or plan to cause harm to, engage in sexual activity with, or procure for sexual activity, persons under 16
474.26
Using a carriage service to procure persons under 16 years of age
474.27
Using a carriage service to “groom” persons under 16 years of age
474.27AA
Using a carriage service to “groom” another person to make it easier to procure persons under 16 years of age
474.27A
Using a carriage service to transmit indecent communication to person under 16 years of age
3 Customs Act 1901 (Cwlth)
Provision
Provision heading
Circumstances for offence
233BAB
Special offence relating to tier 2 goods
the offence was committed in relation to items of child abuse material
sch 4 sub 2021 SL No. 2s 16
Schedule 5
Repealed or expired disqualifying offences against a provision of an Act of the Commonwealth
section 10
(2)
1 Criminal Code (Cwlth)
Provision
Relevant heading
Circumstances for offence
271.9
Debt bondage—aggravated offence
as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018 (Cwlth)
the offence was committed against a child or vulnerable person
273.5
Possessing, controlling, producing, distributing or obtaining child pornography material outside Australia
as the provision was in force from time to time before its repeal by the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 (Cwlth)
471.16
Using a postal or similar service for child pornography material
as the provision was in force from time to time before its repeal by the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 (Cwlth)
471.17
Possessing, controlling, producing, supplying or obtaining child pornography material for use through a postal or similar service
as the provision was in force from time to time before its repeal by the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 (Cwlth)
474.19
Using a postal or similar service for child abuse material
as the provision was in force from time to time before its repeal by the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 (Cwlth)
474.20
Possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service
as the provision was in force from time to time before its repeal by the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 (Cwlth)
sch 5 ins 2021 SL No. 2s 16