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WORKING WITH VULNERABLE PEOPLE (BACKGROUND CHECKING) AMENDMENT ACT 2019 (NO. 13 OF 2019) - SECT 76

New schedule 3

insert

Schedule 3     Disqualifying offences

(see s 26A)

Part 3.1     Definitions

3.1     Definitions—sch 3

In this schedule:

"Animal Welfare Act" means the Animal Welfare Act 1992

.

"Crimes Act "means the Crimes Act 1900

.

"Criminal Code "means the Criminal Code 2002

.

"Sex Work Act" means the Sex Work Act 1992

.

Part 3.2     Class A disqualifying offences

column 1

item

column 2

offence

column 3

short description

column 4

condition

Homicide and related offences

1

Crimes Act

, s 12

murder


2

Criminal Code

, s 44

attempt

to commit murder

3

Crimes Act

, s 29 (2)

culpable driving of motor vehicle—cause death

intent to cause death

4

Crimes Act

, s 48A (g), for offence against s 29 (2)

aggravated offences—offences against pregnant women

intent to cause death

Acts intended to cause injury

5

Crimes Act

, s 19

intentionally inflict grievous bodily harm

offence against vulnerable person

6

Crimes Act

, s 20

recklessly inflict grievous bodily harm

offence against vulnerable person

7

Crimes Act

, s 21

wounding

offence against vulnerable person

8

Crimes Act

, s 22

assault with intent to commit other offence

offence against vulnerable person

9

Crimes Act

, s 25

cause grievous bodily harm

offence against vulnerable person

10

Crimes Act

, s 27 (3) (a)

acts endangering life—chokes, suffocates or strangles

offence against vulnerable person

11

Crimes Act

, s 36

torture

offence against vulnerable person

12

Crimes Act

, s 43

childbirth—grievous bodily harm with intent

offence against vulnerable person

13

Crimes Act

, s 48A (1) (b) to (e)

aggravated offences against pregnant women

offence against vulnerable person

14

Crimes Act

, s 74

prohibition of female genital mutilation

offence against vulnerable person

15

Crimes Act

, s 75

remove child from ACT for genital mutilation


Sexual assault and related offences

16

Crimes Act

, s 51

sexual assault in first degree

offence against vulnerable person

17

Crimes Act

, s 52

sexual assault in second degree

offence against vulnerable person

18

Crimes Act

, s 53

sexual assault in third degree

offence against vulnerable person

19

Crimes Act

, s 54

sexual intercourse without consent

offence against vulnerable person

20

Crimes Act

, s 55 (1)

sexual intercourse with young person (under 10 years old)


21

Crimes Act

, s 55 (2)

sexual intercourse with young person (under 16 years old)

offence against child under 13 years old

22

Crimes Act

, s 55A

sexual intercourse with young person under special care


23

Crimes Act

, s 56

maintain sexual relationship with young person or person under special care


24

Crimes Act

, s 57

act of indecency in first degree

offence against vulnerable person

25

Crimes Act

, s 58

act of indecency in second degree

offence against vulnerable person

26

Crimes Act

, s 59

act of indecency in third degree

offence against vulnerable person

27

Crimes Act

, s 60

act of indecency without consent

offence against vulnerable person

28

Crimes Act

, s 61 (1)

act of indecency without consent (child under 10 years old)


29

Crimes Act

, s 61 (2)

act of indecency without consent (child under 16 years )

offence against child under 13 years

30

Crimes Act

, s 61A

act of indecency with young person under special care


31

Crimes Act

, s 62 (1)

incest (under 10 years)


32

Crimes Act

, s 62 (2)

incest (under 16 years)

offence against child under 13 years

33

Crimes Act

, s 64 (1)

use etc child under 12 years for production of child exploitation material

34

Crimes Act

, s 64 (3)

use etc child 12 years or older for production of child exploitation material


35

Crimes Act

, s 64A

trade in child exploitation material


36

Crimes Act

, s 65

possess child exploitation material


37

Crimes Act

, s 66 (1) (a)

grooming—encourage young person to commit etc act of sexual nature


38

Crimes Act

, s 66 (1) (b)

grooming—engage in conduct with intention of encouraging young person to commit etc act of sexual nature


39

Crimes Act

, s 66 (1) (c)

grooming—engage in conduct with person who has relationship with young person with intention of encouraging young person to commit etc act of sexual nature


40

Crimes Act

, s 72D

distribute intimate image of young person


41

Crimes Act

, s 79 (1)

sexual servitude—cause person to enter or remain in

offence against vulnerable person

42

Crimes Act

, s 79 (2)

sexual servitude—conduct business involving

offence against vulnerable person

43

Crimes Act

, s 80

deceptive recruiting for sexual services

offence against vulnerable person

44

Sex Work Act

, s 20

cause child to provide commercial sexual services etc


Abduction, harassment and related offences

45

Crimes Act

, s 37

abduction of young person

offence against child other than family member

46

Crimes Act

, s 38

kidnapping

offence against child other than family member

47

Crimes Act

, s 40

unlawfully take child etc

offence against child other than family member

48

Crimes Act

, s 63

abduction

offence against vulnerable person

Public order offences

49

Crimes Act

, s 63A

bestiality


Part 3.3     Class B disqualifying offences

column 1

item

column 2

offence

column 3

short description

column 4

condition

Homicide and related offences

1

Crimes Act

, s 15

manslaughter


2

Crimes Act

, s 17

suicide—aiding etc


3

Crimes Act

, s 42

child destruction


4

Crimes Act

, s 48A (1) (a)

culpable driving of motor vehicle—cause death

without intent to cause death

5

Crimes Act

, s 48A (1) (g)

aggravated offences—offences against pregnant women

without intent to cause death

Acts intended to cause injury

6

Crimes Act

, s 19

intentionally inflict grievous bodily harm

offence other than against vulnerable person

7

Crimes Act

, s 20

recklessly inflict grievous bodily harm

offence other than against vulnerable person

8

Crimes Act

, s 21

wounding

offence other than against vulnerable person

9

Crimes Act

, s 22

assault with intent to commit other offence

offence other than against vulnerable person

10

Crimes Act

, s 25

cause grievous bodily harm

offence other than against vulnerable person

11

Crimes Act

, s 27 (3) (a)

acts endangering life etc— chokes, suffocates or strangles

offence other than against vulnerable person

12

Crimes Act

, s 36

torture

offence other than against vulnerable person

13

Crimes Act

, s 48A (1) (b) to (f)

aggravated offences—offences against pregnant women

offence other than against vulnerable person

Sexual assault and related offences

14

Crimes Act

, s 51

sexual assault in first degree

offence other than against vulnerable person

15

Crimes Act

, s 52

sexual assault in second degree

offence other than against vulnerable person

16

Crimes Act

, s 53

sexual assault in third degree

offence other than against vulnerable person

17

Crimes Act

, s 54

sexual intercourse without consent

offence other than against vulnerable person

18

Crimes Act

, s 57

act of indecency in first degree

offence other than against vulnerable person

19

Crimes Act

, s 58

act of indecency in second degree

offence other than against vulnerable person

20

Crimes Act

, s 59

act of indecency in third degree

offence other than against vulnerable person

21

Crimes Act

, s 60

act of indecency without consent

offence other than against vulnerable person

22

Crimes Act

, s 61B

intimate observations or capturing visual data etc

offence other than against vulnerable person

23

Crimes Act

, s 62 (2)

incest (under 16 years)

offence against child 13 years or older

24

Crimes Act

, s 62 (3)

incest (16 years or older)

offence other than against vulnerable person

25

Crimes Act

, s 72C

non-consensual distribution of intimate images

offence against vulnerable person

26

Crimes Act

, s 79 (1)

sexual servitude—cause person to enter or remain in

offence other than against vulnerable person

27

Crimes Act

, s 79 (2)

sexual servitude—conduct business involving

offence other than against vulnerable person

28

Crimes Act

, s 80

deceptive recruiting for sexual services

offence other than against vulnerable person

Dangerous or negligent acts endangering others

29

Crimes Act

, s 39

neglect etc of children


30

Crimes Act

, s 41

expose or abandon child


Abduction, harassment and related offences

31

Crimes Act

, s 38

kidnapping

offence against child family member or person other than a vulnerable person

32

Crimes Act

, s 63

abduction

offence against child family member or person other than a vulnerable person

Robbery, extortion and related offences

33

Criminal Code

, s 310

aggravated robbery


Fraud, deception and related offences

34

Criminal Code

, s 326

obtain property by deception

offence against vulnerable person

35

Criminal Code

, s 332

obtain financial advantage by deception

offence against vulnerable person

36

Criminal Code

, s 333

general dishonesty


37

Criminal Code

, s 334

conspiracy to defraud

offence against vulnerable person

38

Criminal Code

, s 336

pass valueless cheques

offence against vulnerable person

39

Criminal Code

, s 336A

make false statements on oath or in statutory declarations


40

Criminal Code

, s 337

make false or misleading statements


41

Criminal Code

, s 338

give false or misleading information

offence against vulnerable person

42

Criminal Code

, s 339

produce false or misleading documents

offence against vulnerable person

43

Criminal Code

, s 346

forgery

offence against vulnerable person

44

Criminal Code

, s 347

use false document

offence against vulnerable person

45

Criminal Code

, s 348

possess false document

offence against vulnerable person

46

Criminal Code

, s 351

false statement by officer of body


Illicit drug offences

47

Criminal Code

, s 603 (1)

traffic controlled drug—large commercial quantity


48

Criminal Code

, s 603 (3)

traffic controlled drug—commercial quantity


49

Criminal Code

, s 603 (5)

traffic controlled drug—trafficable quantity of cannabis


50

Criminal Code

, s 603 (7)

traffic controlled drug—controlled drug other than cannabis


51

Criminal Code

, s 603 (8)

traffic controlled drug—cannabis


52

Criminal Code

, s 610

sell controlled precursor for manufacture of controlled drug


53

Criminal Code

, s 619 (1)

sell controlled plant—large commercial quantity


54

Criminal Code

, s 619 (3)

sell controlled plant—commercial quantity


55

Criminal Code

, s 619 (5)

sell controlled plant—trafficable quantity of cannabis plant


56

Criminal Code

, s 619 (7)

sell controlled plant—controlled plant other than cannabis plant


57

Criminal Code

, s 619 (8)

sell controlled plant—cannabis plant


58

Criminal Code

, s 622 (1)

supply controlled drug to child for selling—commercial quantity


59

Criminal Code

, s 622 (3)

supply controlled drug to child for selling


60

Criminal Code

, s 624 (1)

procure child to traffic in controlled drug—commercial quantity


61

Criminal Code

, s 624 (4)

procure child to traffic in controlled drug


62

Criminal Code

, s 625

supply controlled drug to child


Public order offences

63

Animal Welfare Act

, s 7A

aggravated cruelty




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