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. Part 2 Disability worker screening 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. 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). 5AA [Repealed] 5A [Repealed] 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. 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. 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. 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. 9A [Repealed] 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. 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). Part 3 Restrictive practices 12 Service 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 or NDIS supports or 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. 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. 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. Part 4 Miscellaneous provisions 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. 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). 17 Fees The fees payable under the Act are stated in schedule 1. 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. 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. Part 5 Repeal and transitional provision 19 Repeal The Disability Services Regulation 2006, SL No. 161 is repealed. 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. Schedule 1 Fees 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 147.00 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 147.00 (b) for an NDIS sole trader who carries out disability work for financial reward 147.00 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 carries 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 Schedule 2 Current serious offences against a provision of an Act of the Commonwealth 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 Schedule 3 Repealed or expired serious offences against a provision of an Act of the Commonwealth 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 Schedule 4 Current disqualifying offences against a provision of an Act of the Commonwealth 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 Schedule 5 Repealed or expired disqualifying offences against a provision of an Act of the Commonwealth 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)