This regulation may be cited as the Disability Services Regulation 2017.
This regulation commences on 1 July 2017.
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. 2 s 4
pt 2 hdg sub 2021 SL No. 2 s 5
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. 125 s 4
sub 2021 SL No. 2 s 6
5Prescribed 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. 125 s 5; 2021 SL No. 2 s 6
s 5AA ins 2020 SL No. 254 s 4
om 2021 SL No. 2 s 6
s 5A ins 2019 SL No. 125 s 6
om 2021 SL No. 2 s 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. 2 s 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. 2 s 6
renum 2021 SL No. 2 s 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. 2 s 6
renum 2021 SL No. 2 s 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. 2 s 6
renum 2021 SL No. 2 s 14
s 9A ins 2019 SL No. 125 s 9
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. 87 s 4; 2019 SL No. 109 s 4; 2020 SL No. 146 s 3
pres s 10 (prev s 6AD) ins 2021 SL No. 2 s 6
renum 2021 SL No. 2 s 14
(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. 87 s 4; 2019 SL No. 109 s 4; 2020 SL No. 146 s 3
pres s 11 (prev s 6AE) ins 2021 SL No. 2 s 6
renum 2021 SL No. 2 s 14
pt 3 hdg (prev pt 2A hdg) ins 2021 SL No. 2 s 7
renum 2021 SL No. 2 s 13
12Service providers to which pt 6 of the Act does not apply—Act, s 140
For section 140(2) of the Act, a service provider that is an approved provider under the Aged Care Quality and Safety Commission Act 2018 (Cwlth) is prescribed if—(a)the service provider is providing disability services to an adult; and(b)the adult is approved as a recipient of residential care under the Aged Care Act 1997 (Cwlth), part 2.3.s 12 (prev s 6A) ins 2019 SL No. 125 s 7
amd 2020 SL No. 254 s 5
renum 2021 SL No. 2 s 14
13Information 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 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 non-government 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. 2 s 8
renum 2021 SL No. 2 s 14
14Information 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. 2 s 14
pt 4 hdg ins 2021 SL No. 2 s 9
15Prescribed 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. 125 s 8
amd 2021 SL No. 2 s 10
renum 2021 SL No. 2 s 14
16Records funded non-government service provider must make and keep—Act, s 215
(1)For section 215 of the Act, the records a funded non-government 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. 2 s 14
The fees payable under the Act are stated in schedule 1.s 17 (prev s 12) amd 2018 SL No. 87 s 5; 2019 SL No. 109 s 5; 2020 SL No. 146 s 4
sub 2020 SL No. 264 s 5
renum 2021 SL No. 2 s 14
(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 the prescribed application fee mentioned in schedule 1, item 2 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. 87 s 4; 2019 SL No. 109 s 4; 2020 SL No. 146 s 3
sub 2020 SL No. 264 s 5
renum 2021 SL No. 2 s 14
pt 5 hdg (prev pt 3 hdg) renum 2021 SL No. 2 s 13
The Disability Services Regulation 2006, SL No. 161 is repealed.s 19 (prev s 14) renum 2021 SL No. 2 s 14
20References 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.Section 59 of that Act commenced on 1 July 2014.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. 2 s 12
renum 2021 SL No. 2 s 14
sch 1 hdg amd 2021 SL No. 2 s 15
$ | ||
1 | Application for a clearance (Act, s 68(1)(c))— | |
(a) for an NDIS clearance— | ||
(i) for a volunteer | nil | |
(ii) for an applicant who proposes to carry out disability work as an NDIS sole trader or State sole trader only on an unpaid basis | nil | |
(iii) otherwise | 120.00 | |
(b) for a State clearance | ||
(i) for a volunteer | nil | |
(ii) for an applicant who proposes to carry out State disability work as a State sole trader only on an unpaid basis | nil | |
(iii) otherwise | 97.60 | |
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 | 120.00 | |
(b) for a person who holds a State clearance who is engaged to carry out disability work other than as a volunteer | 97.60 | |
(c) for an NDIS sole trader who carries out disability work for financial reward | 120.00 | |
(d) for a State sole trader who carries out disability work for financial reward | 97.60 | |
3 | Application for replacement clearance card (Act, s 105(2)(b)) | 14.75 |
4 | Application to cancel 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. 125 s 10
pres sch 1 ins 2020 SL No. 264 s 6
amd 2021 SL No. 73 s 4
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. 2 s 16
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. 2 s 16
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. 2 s 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. 2 s 16