Disability Services and Other Legislation (Worker Screening) Amendment Regulation 2021

1Short title

This regulation may be cited as the Disability Services and Other Legislation (Worker Screening) Amendment Regulation 2021.

2Commencement

This regulation commences on 1 February 2021, immediately after the commencement of the Disability Services and Other Legislation (Fees) Amendment Regulation 2020.

3Regulation amended

This part amends the Disability Services Regulation 2017.

4Replacement of s 3 (Dictionary)

Section 3—
omit, insert—

3Interpretation

In this regulation—

unique client identifier, for an adult, means the unique number allocated to the adult by the department.

5Replacement of pt 2, hdg (Matters prescribed for Act)

Part 2, heading—
omit, insert—

Part 2 Disability worker screening

6Replacement of ss 4–6

Sections 4 to 6—
omit, insert—

4Prescribed 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.

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).

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.

6AA 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.

6AB 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.

6AC 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.

6AD 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.

6AE 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).

7Insertion of new pt 2A, hdg

Before section 6A—
insert—

Part 2A Restrictive practices

8Amendment of s 7 (Information about restrictive practice approvals—Act, s 199)

Section 7(5)—
insert—

restrictive practice approval see section 195(7) of the Act.

9Insertion of new pt 4, hdg

After section 8—
insert—

Part 4 Miscellaneous provisions

10Amendment of s 8A (Prescribed relevant service providers—Act, s 199)

Section 8A(2)—
insert—

NDIS (Registration) Rules means the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018 (Cwlth).

11Omission of s 9A (Delayed application of particular provisions in pt 5 of the Act—Act, s 239)

Section 9A—
omit.

12Amendment of s 15 (References in s 9(1)(f) to compliance notice)

Section 15—
insert—

Editor’s note—

Section 9 was renumbered by the Disability Services and Other Legislation (Worker Screening) Amendment Regulation 2021, section 14.

13Renumbering of pts 2A and 3

Parts 2A and 3—
renumber as parts 3 and 5.

14Renumbering of ss 6AA–15

Sections 6AA to 15—
renumber as sections 7 to 20.

15Amendment of sch 1 (Fees)

Schedule 1, authorising provision—
omit, insert—

section 17

16Replacement of schs 2–4

Schedules 2 to 4—
omit, insert—

Schedule 2 Current serious offences against a provision of an Act of the Commonwealth

section 10(1)

1 Crimes (Internationally Protected Persons) Act 1976 (Cwlth)

Provision	Relevant heading	Circumstances for offence
8(2)(b)	Offences	the offence is not a disqualifying offence

2 Criminal Code (Cwlth)

Provision	Relevant heading	Circumstances for offence
71.3	Manslaughter of a UN or associated person
71.4	Intentionally causing serious harm to a UN or associated person	the offence is not a disqualifying offence
71.5	Recklessly causing serious harm to a UN or associated person	the offence is not a disqualifying offence
71.8	Unlawful sexual penetration	the offence is not a disqualifying offence
71.9	Kidnapping a UN or associated person	the offence is not a disqualifying offence
71.10	Unlawful detention of UN or associated person	the offence is not a disqualifying offence
73.2	Aggravated offence of people smuggling (danger of death or serious harm etc.)	the offence is not a disqualifying offence
73.3	Aggravated offence of people smuggling (at least 5 people)	the offence is not a disqualifying offence
73.3A	Supporting the offence of people smuggling	the offence is not a disqualifying offence
73.8	Making, providing or possessing a false travel or identity document	the offence was committed in relation to a travel or identity document for a child or vulnerable person
73.9	Providing or possessing a travel or identity document issued or altered dishonestly or as a result of threats	the offence was committed in relation to a travel or identity document for a child or vulnerable person
73.10	Providing or possessing a travel or identity document to be used by a person who is not the rightful user	the offence was committed in relation to a travel or identity document for a child or vulnerable person
80.1	Treason
80.1AA	Treason—assisting enemy to engage in armed conflict
80.1AC	Treachery
80.2(1)	Urging violence against the Constitution etc.
80.2A	Urging violence against groups
80.2B	Urging violence against members of groups
80.2C	Advocating terrorism
80.2D	Advocating genocide
82.3	Offence of sabotage involving foreign principal with intention as to national security
82.4	Offence of sabotage involving foreign principal reckless as to national security
82.5	Offence of sabotage with intention as to national security
82.6	Offence of sabotage reckless as to national security
82.7	Offence of introducing vulnerability with intention as to national security
82.8	Offence of introducing vulnerability reckless as to national security
82.9	Preparing for or planning sabotage offence
83.1	Advocating mutiny
83.2	Assisting prisoners of war to escape
83.3	Military‐style training involving foreign government principal etc.
91.1	Espionage—dealing with information etc. concerning national security which is or will be communicated or made available to foreign principal
91.2	Espionage—dealing with information etc. which is or will be communicated or made available to foreign principal
91.3	Espionage—security classified information etc.
91.6	Aggravated espionage offence
91.8	Espionage on behalf of foreign principal
91.11	Offence of soliciting or procuring an espionage offence or making it easier to do so
91.12	Offence of preparing for an espionage offence
92.2	Offence of intentional foreign interference
92.3	Offence of reckless foreign interference
92.4	Offence of preparing for a foreign interference offence
92.7	Knowingly supporting foreign intelligence agency
92.8	Recklessly supporting foreign intelligence agency
92.9	Knowingly funding or being funded by foreign intelligence agency
92.10	Recklessly funding or being funded by foreign intelligence agency
92A.1	Theft of trade secrets involving foreign government principal
101.1	Terrorist acts
101.2	Providing or receiving training connected with terrorist acts
101.4	Possessing things connected with terrorist acts
101.5	Collecting or making documents likely to facilitate terrorist acts
101.6	Other acts done in preparation for, or planning, terrorist acts
102.2	Directing the activities of a terrorist organisation
102.3	Membership of a terrorist organisation
102.4	Recruiting for a terrorist organisation
102.5	Training involving a terrorist organisation
102.6	Getting funds to, from or for a terrorist organisation
102.7	Providing support to a terrorist organisation
102.8	Associating with terrorist organisations
103.1	Financing terrorism
103.2	Financing a terrorist
115.2	Manslaughter of an Australian citizen or a resident of Australia
115.3	Intentionally causing serious harm to an Australian citizen or a resident of Australia	the offence is not a disqualifying offence
115.4	Recklessly causing serious harm to an Australian citizen or a resident of Australia	the offence is not a disqualifying offence
119.1	Incursions into foreign countries with the intention of engaging in hostile activities
119.4	Preparations for incursions into foreign countries for purpose of engaging in hostile activities
122.1	Communication and other dealings with inherently harmful information by current and former Commonwealth officers etc.
122.2	Conduct by current and former Commonwealth officers etc. causing harm to Australia’s interests
122.4	Unauthorised disclosure of information by current and former Commonwealth officers etc.
134.1	Obtaining property by deception
134.2	Obtaining a financial advantage by deception
135.1	General dishonesty
135.2	Obtaining financial advantage
135.4	Conspiracy to defraud
136.1	False or misleading statements in applications
137.1	False or misleading information
137.2	False or misleading documents
142.2	Abuse of public office
144.1	Forgery
145.1	Using forged document
145.2	Possession of forged document
145.4	Falsification of documents etc.
145.5	Giving information derived from false or misleading documents
148.1	Impersonation of an official by a non-official
148.2	Impersonation of an official by another official
268.4	Genocide by causing serious bodily or mental harm	the offence is not a disqualifying offence
268.10	Crime against humanity—enslavement	the offence is not a disqualifying offence
268.11	Crime against humanity—deportation or forcible transfer of population
268.12	Crime against humanity—imprisonment or other severe deprivation of physical liberty
268.13	Crime against humanity—torture	the offence is not a disqualifying offence
268.14	Crime against humanity—rape	the offence is not a disqualifying offence
268.15	Crime against humanity—sexual slavery	the offence is not a disqualifying offence
268.16	Crime against humanity—enforced prostitution	the offence is not a disqualifying offence
268.17	Crime against humanity—forced pregnancy
268.18	Crime against humanity—enforced sterilisation
268.19	Crime against humanity—sexual violence	the offence is not a disqualifying offence
268.20	Crime against humanity—persecution
268.21	Crime against humanity—enforced disappearance of persons	the offence is not a disqualifying offence
268.22	Crime against humanity—apartheid
268.23	Crime against humanity—other inhumane act
268.25	War crime—torture	the offence is not a disqualifying offence
268.26	War crime—inhumane treatment	the offence is not a disqualifying offence
268.27	War crime—biological experiments	the offence is not a disqualifying offence
268.28	War crime—wilfully causing great suffering	the offence is not a disqualifying offence
268.29	War crime—destruction and appropriation of property
268.30	War crime—compelling service in hostile forces
268.31	War crime—denying a fair trial
268.32	War crime—unlawful deportation or transfer
268.33	War crime—unlawful confinement
268.34	War crime—taking hostages
268.35	War crime—attacking civilians
268.36	War crime—attacking civilian objects
268.37	War crime—attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission
268.38	War crime—excessive incidental death, injury or damage	the offence is not a disqualifying offence
268.39	War crime—attacking undefended places
268.40	War crime—killing or injuring a person who is hors de combat	the offence is not a disqualifying offence
268.41	War crime—improper use of a flag of truce	the offence is not a disqualifying offence
268.42	War crime—improper use of a flag, insignia or uniform of the adverse party	the offence is not a disqualifying offence
268.43	War crime—improper use of a flag, insignia or uniform of the United Nations	the offence is not a disqualifying offence
268.44	War crime—improper use of the distinctive emblems of the Geneva Conventions	the offence is not a disqualifying offence
268.45	War crime—transfer of population
268.46	War crime—attacking protected objects
268.47	War crime—mutilation	the offence is not a disqualifying offence
268.48	War crime—medical or scientific experiments	the offence is not a disqualifying offence
268.49	War crime—treacherously killing or injuring	the offence is not a disqualifying offence
268.50	War crime—denying quarter	the offence is not a disqualifying offence
268.51	War crime—destroying or seizing the enemy’s property
268.52	War crime—depriving nationals of the adverse power of rights or actions
268.53	War crime—compelling participation in military operations
268.54	War crime—pillaging
268.55	War crime—employing poison or poisoned weapons	the offence is not a disqualifying offence
268.56	War crime—employing prohibited gases, liquids, materials or devices	the offence is not a disqualifying offence
268.57	War crime—employing prohibited bullets
268.58	War crime—outrages upon personal dignity
268.59	War crime—rape	the offence is not a disqualifying offence
268.60	War crime—sexual slavery	the offence is not a disqualifying offence
268.61	War crime—enforced prostitution	the offence is not a disqualifying offence
268.62	War crime—forced pregnancy
268.63	War crime—enforced sterilisation
268.64	War crime—sexual violence	the offence is not a disqualifying offence
268.66	War crime—attacking persons or objects using the distinctive emblems of the Geneva Conventions
268.67	War crime—starvation as a method of warfare
268.68	War crime—using, conscripting or enlisting children
268.71	War crime—mutilation	the offence is not a disqualifying offence
268.72	War crime—cruel treatment
268.73	War crime—torture	the offence is not a disqualifying offence
268.74	War crime—outrages upon personal dignity
268.75	War crime—taking hostages
268.76	War crime—sentencing or execution without due process	the offence is not a disqualifying offence
268.77	War crime—attacking civilians
268.78	War crime—attacking persons or objects using the distinctive emblems of the Geneva Conventions
268.79	War crime—attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission
268.80	War crime—attacking protected objects
268.81	War crime—pillaging
268.82	War crime—rape	the offence is not a disqualifying offence
268.84	War crime—enforced prostitution	the offence is not a disqualifying offence
268.85	War crime—forced pregnancy
268.86	War crime—enforced sterilisation
268.87	War crime—sexual violence	the offence is not a disqualifying offence
268.88	War crime—using, conscripting or enlisting children
268.89	War crime—displacing civilians
268.90	War crime—treacherously killing or injuring	the offence is not a disqualifying offence
268.91	War crime—denying quarter	the offence is not a disqualifying offence
268.92	War crime—mutilation	the offence is not a disqualifying offence
268.93	War crime—medical or scientific experiments	the offence is not a disqualifying offence
268.94	War crime—destroying or seizing an adversary’s property
268.95	War crime—medical procedure
268.96	War crime—removal of blood, tissue or organs for transplantation
268.97	War crime—attack against works or installations containing dangerous forces resulting in excessive loss of life or injury to civilians	the offence is not a disqualifying offence
268.98	War crime—attacking undefended places or demilitarized zones	the offence is not a disqualifying offence
268.99	War crime—unjustifiable delay in the repatriation of prisoners of war or civilians
268.100	War crime—apartheid
268.101	War crime—attacking protected objects
270.3	Slavery offences	the offence is not a disqualifying offence
270.5	Servitude offences	the offence is not a disqualifying offence
270.6A	Forced labour offences	the offence is not a disqualifying offence
270.7	Deceptive recruiting for labour or services	the offence is not a disqualifying offence
270.7B	Forced marriage offences	the offence is not a disqualifying offence
270.7C	Offence of debt bondage	the offence is not a disqualifying offence
271.2	Offence of trafficking in persons	the offence is not a disqualifying offence
271.3	Trafficking in persons—aggravated offence	the offence is not a disqualifying offence
271.5	Offence of domestic trafficking in persons	the offence is not a disqualifying offence
271.6	Domestic trafficking in persons—aggravated offence	the offence is not a disqualifying offence
271.7B	Offence of organ trafficking—entry into and exit from Australia	the offence is not a disqualifying offence
271.7C	Organ trafficking—aggravated offence	the offence is not a disqualifying offence
271.7D	Offence of domestic organ trafficking	the offence is not a disqualifying offence
271.7E	Domestic organ trafficking—aggravated offence	the offence is not a disqualifying offence
273B.4	Failing to protect child at risk of child sexual abuse offence
274.2	Torture	the offence is not a disqualifying offence
302.2	Trafficking commercial quantities of controlled drugs
303.4	Cultivating commercial quantities of controlled plants
304.1	Selling commercial quantities of controlled plants
305.3	Manufacturing commercial quantities of controlled drugs
305.4	Manufacturing marketable quantities of controlled drugs	the offence committed is an aggravated offence under section 310.4(2)
306.2	Pre-trafficking commercial quantities of controlled precursors
306.3	Pre-trafficking marketable quantities of controlled precursors	the offence committed is an aggravated offence under section 310.4(3)
306.4	Pre-trafficking controlled precursors	the offence committed is an aggravated offence under section 310.4(3)
307.1	Importing and exporting commercial quantities of border controlled drugs or border controlled plants
307.11	Importing and exporting commercial quantities of border controlled precursors
308.3	Possessing plant material, equipment or instructions for commercial cultivation of controlled plants	the offence is committed in relation to the intended cultivation or sale of a commercial quantity of a controlled plant or any of its products
309.2	Supplying controlled drugs to children
309.3	Supplying marketable quantities of controlled drugs to children for trafficking
309.4	Supplying controlled drugs to children for trafficking
309.7	Procuring children for trafficking marketable quantities of controlled drugs
309.8	Procuring children for trafficking controlled drugs
309.10	Procuring children for pre-trafficking marketable quantities of controlled precursors
309.11	Procuring children for pre-trafficking controlled precursors
309.12	Procuring children for importing or exporting marketable quantities of border controlled drugs or border controlled plants
309.13	Procuring children for importing or exporting border controlled drugs or border controlled plants
309.14	Procuring children for importing or exporting marketable quantities of border controlled precursors
309.15	Procuring children for importing or exporting border controlled precursors
310.2	Danger from exposure to unlawful manufacturing
310.3	Harm from exposure to unlawful manufacturing
372.1	Dealing in identification information	the offence was committed in relation to identification information for a child or vulnerable person
372.1A	Dealing in identification information that involves use of a carriage service	the offence was committed in relation to identification information for a child or vulnerable person
372.2	Possession of identification information	the offence was committed in relation to identification information for a child or vulnerable person
474.17A	Aggravated offences involving private sexual material—using a carriage service to menace, harass or cause offence
480.4	Dishonestly obtaining or dealing in personal financial information	the offence was committed in relation to personal financial information for a child or vulnerable person

Schedule 3 Repealed or expired serious offences against a provision of an Act of the Commonwealth

section 10(1)

1 Criminal Code (Cwlth)

Provision	Relevant heading	Circumstances for offence
271.9	Debt bondage—aggravated offence	as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018 (Cwlth) the offence was committed against an adult who was not a vulnerable person

Schedule 4 Current disqualifying offences against a provision of an Act of the Commonwealth

section 10(2)

1 Crimes (Internationally Protected Persons) Act 1976 (Cwlth)

Provision	Relevant heading	Circumstances for offence
8(1)	Offences
8(2)(b)	Offences	the offence was committed against a child or vulnerable person

2 Criminal Code (Cwlth)

Provision	Relevant heading	Circumstances for offence
71.2	Murder of a UN or associated person
71.4	Intentionally causing serious harm to a UN or associated person	the offence was committed against a child or vulnerable person
71.5	Recklessly causing serious harm to a UN or associated person	the offence was committed against a child or vulnerable person
71.8	Unlawful sexual penetration	the offence was committed against a child or vulnerable person
71.9	Kidnapping a UN or associated person	the offence was committed against a child or vulnerable person, other than in a familial context
71.10	Unlawful detention of UN or associated person	the offence was committed against a child or vulnerable person, other than in a familial context
73.2	Aggravated offence of people smuggling (danger of death or serious harm etc.)	the offence was committed against a child or vulnerable person
73.3	Aggravated offence of people smuggling (at least 5 people)	the offence was committed against at least 1 person who was a child or vulnerable person
73.3A	Supporting the offence of people smuggling	the offence was committed in relation to an offence of people smuggling that was committed against at least 1 person who was a child or vulnerable person
115.1	Murder of an Australian citizen or a resident of Australia
115.3	Intentionally causing serious harm to an Australian citizen or a resident of Australia	the offence was committed against a child or vulnerable person
115.4	Recklessly causing serious harm to an Australian citizen or a resident of Australia	the offence was committed against a child or vulnerable person
268.3	Genocide by killing
268.4	Genocide by causing serious bodily or mental harm	the offence was committed against at least 1 person who was a child or vulnerable person
268.5	Genocide by deliberately inflicting conditions of life calculated to bring about physical destruction
268.6	Genocide by imposing measures intended to prevent births
268.7	Genocide by forcibly transferring children
268.8	Crime against humanity—murder
268.9	Crime against humanity—extermination
268.10	Crime against humanity—enslavement	the offence was committed against at least 1 person who was a child or vulnerable person
268.13	Crime against humanity—torture	the offence was committed against at least 1 person who was a child or vulnerable person
268.14	Crime against humanity—rape	the offence was committed against a child or vulnerable person
268.15	Crime against humanity—sexual slavery	the offence was committed against a child or vulnerable person
268.16	Crime against humanity—enforced prostitution	the offence was committed against at least 1 person who was a child or vulnerable person
268.19	Crime against humanity—sexual violence	the offence was committed against at least 1 person who was a child or vulnerable person
268.21	Crime against humanity—enforced disappearance of persons	the offence was committed against at least 1 person who was a child or vulnerable person
268.24	War crime—wilful killing
268.25	War crime—torture	the offence was committed against at least 1 person who was a child or vulnerable person
268.26	War crime—inhumane treatment	the offence was committed against at least 1 person who was a child or vulnerable person
268.27	War crime—biological experiments	the offence was committed against at least 1 person who was a child or vulnerable person
268.28	War crime—wilfully causing great suffering	the offence was committed against at least 1 person who was a child or vulnerable person
268.38	War crime—excessive incidental death, injury or damage	the commission of the offence resulted in death
268.40	War crime—killing or injuring a person who is hors de combat	the commission of the offence resulted in death
268.41	War crime—improper use of a flag of truce	the commission of the offence resulted in death
268.42	War crime—improper use of a flag, insignia or uniform of the adverse party	the commission of the offence resulted in death
268.43	War crime—improper use of a flag, insignia or uniform of the United Nations	the commission of the offence resulted in death
268.44	War crime—improper use of the distinctive emblems of the Geneva Conventions	the commission of the offence resulted in death
268.47(1)	War crime—mutilation
268.47(2)	War crime—mutilation	the offence was committed against at least 1 person who was a child or vulnerable person
268.48(1)	War crime—medical or scientific experiments
268.48(2)	War crime—medical or scientific experiments	the offence was committed against at least 1 person who was a child or vulnerable person
268.49	War crime—treacherously killing or injuring	the commission of the offence resulted in death
268.50	War crime—denying quarter	the commission of the offence resulted in death
268.55	War crime—employing poison or poisoned weapons	the commission of the offence resulted in death
268.56	War crime—employing prohibited gases, liquids, materials or devices	the commission of the offence resulted in death
268.59	War crime—rape	the offence was committed against a child or vulnerable person
268.60	War crime—sexual slavery	the offence was committed against a child or vulnerable person
268.61	War crime—enforced prostitution	the offence was committed against a child or vulnerable person
268.64	War crime—sexual violence	the offence was committed against at least 1 person who was a child or vulnerable person
268.65	War crime—using protected persons as shields	the commission of the offence resulted in death
268.70	War crime—murder
268.71(1)	War crime—mutilation
268.71(2)	War crime—mutilation	the offence was committed against at least 1 person who was a child or vulnerable person
268.73	War crime—torture	the offence was committed against at least 1 person who was a child or vulnerable person
268.76	War crime—sentencing or execution without due process	the commission of the offence resulted in death
268.82	War crime—rape	the offence was committed against a child or vulnerable person
268.84	War crime—enforced prostitution	the offence was committed against at least 1 person who was a child or vulnerable person
268.87	War crime—sexual violence	the offence was committed against at least 1 person who was a child or vulnerable person
268.90	War crime—treacherously killing or injuring	the commission of the offence resulted in death
268.91	War crime—denying quarter	the commission of the offence resulted in death
268.92(1)	War crime—mutilation
268.92(2)	War crime—mutilation	the offence was committed against at least 1 person who was a child or vulnerable person
268.93	War crime—medical or scientific experiments	the commission of the offence resulted in death
268.97	War crime—attack against works or installations containing dangerous forces resulting in excessive loss of life or injury to civilians	the commission of the offence resulted in death
268.98	War crime—attacking undefended places or demilitarized zones	the commission of the offence resulted in death
270.3	Slavery offences	the offence was committed against a child or vulnerable person
270.5	Servitude offences	the offence was committed against a child or vulnerable person
270.6A	Forced labour offences	the offence was committed against a child or vulnerable person
270.7	Deceptive recruiting for labour or services	the offence was committed against a child or vulnerable person
270.7B	Forced marriage offences	the offence was committed against a child or vulnerable person
270.7C	Offence of debt bondage	the offence was committed against a child or vulnerable person
271.2	Offence of trafficking in persons	the offence was committed against a child or vulnerable person
271.3	Trafficking in persons—aggravated offence	the offence was committed against a child or vulnerable person
271.4	Offence of trafficking in children
271.5	Offence of domestic trafficking in persons	the offence was committed against a child or vulnerable person
271.6	Domestic trafficking in persons—aggravated offence	the offence was committed against a child or vulnerable person
271.7	Offence of domestic trafficking in children
271.7B	Offence of organ trafficking—entry into and exit from Australia	the offence was committed against a child or vulnerable person
271.7C	Organ trafficking—aggravated offence	the offence was committed against a child or vulnerable person
271.7D	Offence of domestic organ trafficking	the offence was committed against a child or vulnerable person
271.7E	Domestic organ trafficking—aggravated offence	the offence was committed against a child or vulnerable person
272.8	Sexual intercourse with child outside Australia
272.9	Sexual activity (other than sexual intercourse) with child outside Australia
272.10	Aggravated offence—sexual intercourse or other sexual activity with child outside Australia
272.11	Persistent sexual abuse of child outside Australia
272.12	Sexual intercourse with young person outside Australia—defendant in position of trust or authority
272.13	Sexual activity (other than sexual intercourse) with young person outside Australia—defendant in position of trust or authority
272.14	Procuring child to engage in sexual activity outside Australia
272.15	“Grooming” child to engage in sexual activity outside Australia
272.15A	“Grooming” person to make it easier to engage in sexual activity with a child outside Australia
272.18	Benefiting from offence against this Division
272.19	Encouraging offence against this Division
272.20	Preparing for or planning offence against this Division
273.6	Possessing, controlling, producing, distributing or obtaining child abuse material outside Australia
273.7	Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people
273A.1	Possession of child-like sex dolls etc.
274.2	Torture	the offence was committed against a child or vulnerable person
471.19	Using a postal or similar service for child abuse material
471.20	Possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service
471.22	Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people
471.24	Using a postal or similar service to procure persons under 16
471.25	Using a postal or similar service to “groom” persons under 16
471.25A	Using a postal or similar service to “groom” another person to make it easier to procure persons under 16
471.26	Using a postal or similar service to send indecent material to person under 16
474.22	Using a carriage service for child abuse material
474.22A	Possessing or controlling child abuse material obtained or accessed using a carriage service
474.23	Possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service
474.23A	Conduct for the purposes of electronic service used for child abuse material
474.24A	Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people
474.25A	Using a carriage service for sexual activity with person under 16 years of age
474.25B	Aggravated offence—using a carriage service for sexual activity with person under 16 years of age
474.25C	Using a carriage service to prepare or plan to cause harm to, engage in sexual activity with, or procure for sexual activity, persons under 16
474.26	Using a carriage service to procure persons under 16 years of age
474.27	Using a carriage service to “groom” persons under 16 years of age
474.27AA	Using a carriage service to “groom” another person to make it easier to procure persons under 16 years of age
474.27A	Using a carriage service to transmit indecent communication to person under 16 years of age

3 Customs Act 1901 (Cwlth)

Provision	Provision heading	Circumstances for offence
233BAB	Special offence relating to tier 2 goods	the offence was committed in relation to items of child abuse material

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)

17Regulation amended

This part amends the Police Service Administration Regulation 2016.

18Amendment of s 70 (Interstate screening units—Act, s 10.2S)

(1)Section 70, after paragraph (a)—
insert—

(aa)the CEO under the National Disability Insurance Scheme (Worker Screening) Act 2020 (WA);

(ab)the CEO under the Working with Children (Criminal Record Checking) Act 2004 (WA);

(2)Section 70(c) and (d)—
omit, insert—

(c)the commissioner under the Working with Vulnerable People (Background Checking) Act 2011 (ACT);

(3)Section 70—
insert—

(ea)the Screening Agency under the National Disability Insurance Scheme (Worker Checks) Act 2018 (NSW);

(eb)the Screening Agency under the National Disability Insurance Scheme (Worker Clearance) Act 2020 (NT);

(fa)the Secretary under the Worker Screening Act 2020 (Vic);

(4)Section 70(g), ‘to the Department of Justice as mentioned in’—
omit, insert—

under

(5)Section 70(i)—
omit.

(6)Section 70(aa) to (h)—
renumber as section 70(b) to 70(l).

19Regulation amended

This part amends the Transport Planning and Coordination Regulation 2017.

20Amendment of s 12A (Prescribed authorisation Acts—Act, sch 1)

(1)Section 12A, before paragraph (a)—
insert—

(aa)the Disability Services Act 2006;

(2)Section 12A(aa) to (g)—
renumber as section 12A(a) to (h).

21Amendment of s 12B (Prescribed authorities—Act, sch 1)

(1)Section 12B, before paragraph (a)—
insert—

(aa)an NDIS clearance or State clearance, or a clearance card for an NDIS clearance or State clearance, under the Disability Services Act 2006;

(2)Section 12B(aa) to (i)—
renumber as section 12B(a) to (j).

22Regulation amended

This part amends the Working with Children (Risk Management and Screening) Regulation 2020.

23Omission of s 6 (When employment by NDIS non-government service provider is regulated employment—Act, sch 1)

Section 6—
omit.