Regulation-making power
71 Regulation-making power
The Executive may make regulations for this Act.
A regulation may make provision for—
the obligations of employers before engaging people in regulated activities; and
the obligations of employers in relation to people they engage in regulated activities.
For the definition of corresponding law, paragraph (b), the Legislation Act, section 47 (3) and (6) does not apply to a law of another jurisdiction prescribed by regulation.
Note A law of another jurisdiction prescribed for def, corresponding law, par (b), does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Legislation Act, s 47 (7)).
A regulation may create offences and fix maximum penalties of not more than 20 penalty units for the offences.
Schedule 1 Regulated activities (see s 8)
Part 1.1 Activities or services for children
1.1 Child protection services
An activity or service is a regulated activity if the activity is conducted, or the service is provided, under the Children and Young People Act 2008 for a child or young person.
Without limiting subsection (1), a regulated activity includes an activity conducted or a service provided under the Children and Young People Act 2008—
by—
a member of the Children and Youth Services Council; or
a family group conference facilitator; or
a kinship carer; or
a foster carer; or
a residential care service; or
a researcher for a research project; or
an authorised assessor; or
another person administering, or exercising a function under, the Act; or
under an intensive therapy order.
Note See the Children and Young People Act 2008, particularly:
pt 2.2 (Children and Youth Services Council);
pt 3.2 (Family group conferences—facilitators);
s 438 (Care and protection assessment—authorisation of assessors);
s 514B (Approved carers—director-general may approve);
s 516 (Kinship carer—specific parental authority);
s 518 (Foster carer—specific parental authority);
s 520 (Residential care service—general parental authority);
pt 16.2 (Intensive therapy orders);
ch 22 (Research involving children and young people).
In this section:
intensive therapy order, for a child or young person—see the Children and Young People Act 2008, section 532.
1.2 Justice facilities for children
An activity or service is a regulated activity if—
any of the usual functions of the activity or service are carried out in relation to a child at a justice facility; or
the activity is conducted, or the service is provided, in relation to a child because of a sentence, detention, probation, parole or other order, that could be made or imposed by a court.
In this section:
justice facility means—
a detention place; or
a place outside a detention place if a detainee is, or has been, directed to work or take part in an activity at the place; or
any other place a child may be held in custody.
1.3 Education and care service or childcare service
An activity or service is a regulated activity if the activity is conducted, or the service is provided, by—
an education and care service; or
a childcare service; or
another commercial service that provides child care.
Examples—par (c)
1 babysitting service
2 nanny service
3 a service conducted by a hotel or resort to provide childcare to children who are short term guests
In this section:
childcare service—see the Children and Young People Act 2008, section 732.
Note Childcare service means—
a childcare centre; or
a family day care scheme.
education and care service—see the Education and Care Services National Law (ACT), section 5.
Note The Education and Care Services National Law (ACT) Act 2011, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010 (Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT).
1.4 Child education services
An activity or service is a regulated activity if the activity is conducted, or the service is provided, as part of a child education service.
In this section:
child education service—
means a service for which the main purpose is to provide education and care for children; and
includes—
a school or other educational institution, whether or not operated by or on behalf of the Territory; and
a school-crossing service.
school means a preschool, primary school, high school or secondary college.
1.5 Child accommodation services
An activity or service is a regulated activity if the activity is conducted, or the service is provided, as part of a child accommodation service.
In this section:
child accommodation service—
means a service for which the main purpose is to provide residential accommodation for children; and
includes an overnight camp for children, irrespective of the kind of accommodation or of how many children are involved.
Examples—child accommodation service
1 school group accommodation
2 a home stay, including as part of a student exchange
3 a school boarding facility
1.6 Counselling and support services for children
An activity or service is a regulated activity if the activity is conducted, or the service is provided, as part of—
a counselling service for children; or
a support service for children.
1.7 Commercial services for children
An activity or service is a regulated activity if—
the activity is conducted, or the service is provided specifically for children by a commercial entity; and
the activity or service is one of the following:
an entertainment or party service;
a gym or play facility;
a photography service;
a talent or beauty competition.
Part 1.2 Activities or services for vulnerable people
1.8 Mental health
An activity or service is a regulated activity if any of the usual functions of the activity or service include providing treatment, care, rehabilitation or protection to people who are mentally impaired, mentally dysfunctional or mentally ill.
Examples
1 an activity or service that provides personal care, assessment or referral of support needs, education, training and skill development, information services, recreation, counselling, community access, accommodation support, rehabilitation, or employment services, specifically for people who are mentally impaired, mentally dysfunctional or mentally ill
2 an activity or service provided in association with the use of premises for the care, treatment or accommodation of people who are mentally impaired, mentally dysfunctional or mentally ill
1.9 Migrants, refugees and asylum seekers
An activity or service is a regulated activity if the activity is conducted, or the service is provided, to support—
migrants, or
refugees or asylum seekers; or
people who cannot communicate, or who have difficulty communicating, in English.
Examples an activity or service that provides assistance settling in the ACT, including mentoring, employment services, transport or accommodation support, specifically for migrants, refugees, asylum seekers or people from non-English speaking backgrounds
Note A person is not required to be registered to engage in a regulated activity for a court or tribunal as an interpreter for a vulnerable person who cannot communicate, or who has difficulty communicating, in English (see s 12 (2) (j)).
1.10 Homeless people
An activity or service is a regulated activity if the activity is conducted, or the service is provided, to support people who are homeless.
Examples
1 an activity or service that provides food, transport, coordination or referral of support needs for people who are homeless
2 a drop in centre
3 a soup kitchen
1.11 Housing and accommodation
A service or activity is a regulated activity if any of the usual functions of the service or activity include providing public or community housing or accommodation to people suffering social or financial hardship.
Examples
1 public housing
2 social housing
3 community housing
4 housing assistance
5 social housing
6 crisis accommodation
7 refuges
1.12 Justice facilities
An activity or service is a regulated activity if—
any of the usual functions of the activity or service are carried out in relation to an adult at a justice facility; or
the activity is conducted, or the service is provided, in relation to an adult because of a sentence, detention, probation, parole or other order, that could be made or imposed by a court.
In this section:
justice facility means—
a correctional centre; or
a remand centre; or
a detention place; or
a place outside a detention place if a detainee is, or has been, directed to work or take part in an activity at the place; or
any other place a person may be held in custody.
1.13 Prevention of crime
An activity or service is a regulated activity if the activity is conducted, or the service is provided, in relation to a person to reduce the likelihood of the person committing a criminal offence.
Examples
1 a program to keep police informed of the whereabouts and other personal details about a person who has committed a crime to reduce the likelihood that the person will reoffend
2 a mentoring program
1.14 Victims of crime
An activity or service is a regulated activity if the activity is conducted, or the service is provided, to assist or support victims of crime.
Example an activity or service that provides counselling and support, therapeutic intervention, financial assistance, information or advice for victims of crime
Note Victims of crime are eligible for assistance under the victims services scheme (see Victims of Crime Act 1994, pt 4).
1.15 Services for addictions
An activity or service is a regulated activity if any of the usual functions of the activity or service include providing treatment, care, rehabilitation or protection to people who are—
addicted to, or misuse, a substance (whether alcohol, a medicine, a prohibited substance or another substance); or
addicted to an activity.
Examples
1 an activity or service that provides health care, counselling, accommodation or financial support for people who are addicted to a substance or an activity
2 a needle and syringe exchange program
3 a methadone treatment and withdrawal program
4 a gambling addiction telephone help-line
In this section:
prohibited substance—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 13.
1.16 Community services
An activity or service is a regulated activity if the activity is conducted, or the service is provided, to—
people and families suffering social or financial hardship; or
people who need support to live independently.
Examples
1 an activity or service that provides crisis intervention, emergency relief, parenting support, assessment or referral of support needs, education, training and skill development, information services, counselling, community access, or employment services, for people and families suffering social or financial hardship
2 an activity or service that provides home help, home maintenance or modification, allied health care, personal care, food services, assessment or referral of support needs, information services, coordination, case management, recreation, counselling, community access, rehabilitation, or employment services, to people who need support to live independently
3 an activity or service provided in association with the use of premises for the care, treatment or accommodation of people who need support to live independently
1.17 Disability services
An activity or service is a regulated activity if the activity is conducted, or the service is provided, specifically for people with a disability.
Examples
1 an activity or service that provides home help, home maintenance or modification, personal care, food services, assessment or referral of support needs, information services, coordination, case management, recreation, counselling, community access, rehabilitation, or employment services, to people with a disability
2 an activity or service provided in association with the use of premises for the care, treatment or accommodation of people with a disability
In this section:
disability—see the Human Rights Commission Act 2005, section 8 (2).
Note For the Human Rights Commission Act 2005, s 8 (2), disability means a disability that—
is attributable to an intellectual, psychiatric, sensory or physical impairment, or a combination of those impairments; and
is permanent or likely to be permanent; and
results in—
the person having a substantially reduced capacity for communication, learning or mobility; and
the need for continuing support services for the person; and
may, but need not, be of a chronic episodic nature.
1.18 Respite care services
An activity or service is a regulated activity if any of the usual functions of the activity or service include providing respite care.
1.19 Emergency services personnel
An activity or service is a regulated activity if the activity is conducted, or the service is provided, by—
an emergency service; or
a person acting on behalf of an emergency service.
Part 1.3 Other activities or services for vulnerable people
1.20 Transport
An activity or service is a regulated activity if any of the usual functions of the activity or service include providing public or private transport that is—
specifically for, or mainly used by, children; or
specifically for people accessing a regulated activity mentioned in part 1.2.
Example—par (a) a school bus service
Examples—par (b)
1 a minibus transporting detainees to or from a remand centre
2 a taxi for mobility impaired people
To remove any doubt, an activity or service is a regulated activity if a person must have 1 or both of the following to conduct the activity or provide the service:
a public vehicle licence;
a driving instructor certificate of accreditation.
An activity or service is a regulated activity if—
the activity or service relates to a light rail service; and
the person conducting the activity or providing the service is—
a light rail driver; or
a light rail driving assessor; or
a light rail driving instructor; or
appointed under the Road Transport (General) Act 1999—
section 19 (Authorised people); or
section 53A (Authorised people for infringement notice offences).
In this section:
accreditation—see Road Transport (Driver Licensing) Regulation 2000, section 103A.
light rail driver—see Road Transport (Public Passenger Services) Regulation 2002, section 70AA.
light rail driving assessor—see Road Transport (Public Passenger Services) Regulation 2002, section 70AA.
light rail driving instructor—see Road Transport (Public Passenger Services) Regulation 2002, section 70AA.
light rail service—see Road Transport (Public Passenger Services) Act 2001, section 27A.
public vehicle licence—see the Road Transport (Driver Licensing) Act 1999, dictionary.
1.21 Coaching and tuition
An activity or service is a regulated activity if—
any of the usual functions of the activity or service include coaching or tuition specifically for—
children; or
people accessing a regulated activity mentioned in part 1.2; and
the coaching or tuition is provided by a commercial entity.
1.22 Vocational and educational training
An activity or service is a regulated activity if any of the usual functions of the activity or service include providing vocational education and training specifically for—
children; or
people accessing a regulated activity mentioned in part 1.2.
Examples
1 a pathways to employment program
2 an adult English language, literacy and numeracy skills program
3 an industry training service
1.23 Religious organisations
An activity or service is a regulated activity if—
the activity is conducted, or the service is provided, by—
a religious organisation; or
a person acting on behalf of a religious organisation; and
the activity or service is—
specifically for, or mainly used by children; or
specifically for people accessing a regulated activity mentioned in part 1.2.
Example—par (a)
Sunday school
Example—par (b) counselling provided by a minister of religion
1.24 Clubs, associations and movements
An activity or service is a regulated activity if—
the activity is conducted, or the service is provided, by a club, association or movement (including of a cultural, recreational or sporting nature); and
the club association or movement has significant membership or involvement by—
children; or
people accessing a regulated activity mentioned in part 1.2.
Examples
1 a children’s football team
2 an art class for people who require assistance to live independently
Schedule 2 Reviewable decisions (see pt 7)
column 1 item column 2 section column 3 decision column 4 entity
1
15A (1) impose interim bar on unregistered person person
2
15A (5) (b) refuse to remove person’s interim bar person
3
39 (1) extend period for stated period person
4
39 (1) refuse to extend period person
5
40 (1) (b) refuse to register person—unacceptable risk person
6
40 (1) (c) refuse to register person—no request for reconsideration person
7
44 (2) (b) register person subject to condition person
8
45 (1) extend period for stated period person
9
45 (1) refuse to extend period person
10
46 (1) register person subject to condition person
11
47 (5) (b) refuse to amend person’s conditional registration person
12
54A (4) make person’s registration subject to interim condition person
13
59 (1) suspend or cancel person’s registration person
14
59 (7) (b) refuse to end person’s suspension person
Schedule 3 Disqualifying offences (see s 11B)
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.
Drugs of Dependence Act means the Drugs of Dependence Act 1989.
Road Transport (Safety and Traffic Management) Act means the Road Transport (Safety and Traffic Management) Act 1999.
Sex Work Act means the Sex Work Act 1992.
young adult relationship—an offence is within a young adult relationship if—
the offence is committed against a child aged 14 or 15 years; and
the offender is less than 5 years older than the child; and
the commission of the offence does not involve violence or coercion.
Part 3.2 Class A disqualifying offences
Note An offence mentioned in this part is taken to be a class B disqualifying offence for a person engaged, or seeking registration to engage, in a kinship care activity (see s 11C).
column 1 item column 2 offence column 3 short description column 4 condition
Homicide and related offences
1
Crimes Act, s 12 murder
2
Crimes Act, s 29 (2) culpable driving of motor vehicle, causing death intent to cause death
3
Crimes Act, s 29 (2) and s 48A (2) culpable driving of motor vehicle, causing death (aggravated offence—against pregnant person) intent to cause death
4
Crimes Act, s 29 (2) and s 48C (2) culpable driving of motor vehicle, causing death (aggravated offence—involving family violence) 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 19 and s 48A (2) intentionally inflict grievous bodily harm (aggravated offence—against pregnant person) offence against vulnerable person
7
Crimes Act, s 19 and s 48C (2) intentionally inflict grievous bodily harm (aggravated offence—involving family violence) offence against vulnerable person
8
Crimes Act, s 20 recklessly inflict grievous bodily harm offence against vulnerable person
9
Crimes Act, s 20 and s 48A (2) recklessly inflict grievous bodily harm (aggravated offence—against pregnant person) offence against vulnerable person
10
Crimes Act, s 20 and s 48C (2) recklessly inflict grievous bodily harm (aggravated offence—involving family violence) offence against vulnerable person
11
Crimes Act, s 21 wounding offence against vulnerable person
12
Crimes Act, s 21 and s 48A
s wounding (aggravated offence—against pregnant person) offence against vulnerable person
13
Crimes Act, s 21 and s 48C (2) wounding (aggravated offence—involving family violence) offence against vulnerable person
14
Crimes Act, s 22 assault with intent to commit other offence offence against vulnerable person
15
Crimes Act, s 23 inflict actual bodily harm offence against vulnerable person
16
Crimes Act, s 23 and s 48A (2) inflict actual bodily harm (aggravated offence—against pregnant person) offence against vulnerable person
17
Crimes Act, s 23 and s 48C (2) inflict actual bodily harm (aggravated offence—involving family violence) offence against vulnerable person
18
Crimes Act, s 24 assault occasioning actual bodily harm offence against vulnerable person
19
Crimes Act, s 24 and s 48A (2) assault occasioning actual bodily harm (aggravated offence—against pregnant person) offence against vulnerable person
20
Crimes Act, s 24 and s 48C (2) assault occasioning actual bodily harm (aggravated offence—involving family violence) offence against vulnerable person
21
Crimes Act, s 25 cause grievous bodily harm offence against vulnerable person
22
Crimes Act, s 27 (3) (a) acts endangering life—chokes, suffocates or strangles offence against vulnerable person
23
Crimes Act, s 27 (3) (a) and s 48C (2) acts endangering life—chokes, suffocates or strangles (aggravated offence—involving family violence) offence against vulnerable person
24
Crimes Act, s 27 (3) (b) acts endangering life—administer stupefying or overpowering drug offence against vulnerable person
25
Crimes Act, s 27 (3) (b) and s 48C (2) acts endangering life—administer stupefying or overpowering drug (aggravated offence—involving family violence) offence against vulnerable person
26
Crimes Act, s 27 (3) (c) acts endangering life—use offensive weapon offence against vulnerable person
27
Crimes Act, s 27 (3) (c) and s 48C (2) acts endangering life—use offensive weapon (aggravated offence—involving family violence) offence against vulnerable person
28
Crimes Act, s 27 (3) (e) acts endangering life—cause explosion etc offence against vulnerable person
29
Crimes Act, s 27 (3) (e) and s 48C (2) acts endangering life—cause explosion etc (aggravated offence—involving family violence) offence against vulnerable person
30
Crimes Act, s 27 (3) (f) acts endangering life—set trap offence against vulnerable person
31
Crimes Act, s 27 (3) (f) and s 48C (2) acts endangering life—set trap (aggravated offence—involving family violence) offence against vulnerable person
32
Crimes Act, s 27 (3) (g) acts endangering life—interfere with conveyance, transport facility or public utility service offence against vulnerable person
33
Crimes Act, s 27 (3) (g) and s 48C (2) acts endangering life—interfere with conveyance, transport facility or public utility service (aggravated offence—involving family violence) offence against vulnerable person
34
Crimes Act, s 36 torture offence against vulnerable person
35
Crimes Act, s 43 childbirth—grievous bodily harm with intent offence against vulnerable person
36
Crimes Act, s 74 prohibition of female genital mutilation offence against vulnerable person
37
Crimes Act, s 75 remove child from ACT for genital mutilation
Sexual assault and related offences
38
Crimes Act, s 51 sexual assault in first degree offence against vulnerable person
39
Crimes Act, s 51 and s 72AA (2) sexual assault in first degree (aggravated offence—involving family violence) offence against vulnerable person
40
Crimes Act, s 52 sexual assault in second degree offence against vulnerable person
41
Crimes Act, s 52 and s 72AA (2) sexual assault in second degree (aggravated offence—involving family violence) offence against vulnerable person
42
Crimes Act, s 53 sexual assault in third degree offence against vulnerable person
43
Crimes Act, s 53 and s 72AA (2) sexual assault in third degree (aggravated offence—involving family violence) offence against vulnerable person
44
Crimes Act, s 54 sexual intercourse without consent offence against vulnerable person
45
Crimes Act, s 54 and s 72AA (2) sexual assault without consent (aggravated offence—involving family violence) offence against vulnerable person
46
Crimes Act, s 55 (1) sexual intercourse with young person (under 10 years old)
47
Crimes Act, s 55 (1) and s 72AA (2) sexual intercourse with young person (under 10 years old) (aggravated offence—involving family violence)
48
Crimes Act, s 55 (3) sexual intercourse with young person (under 16 years old) offence other than within young adult relationship
49
Crimes Act, s 55 (3) and s 72AA (2) sexual intercourse with young person (under 16 years old) (aggravated offence—involving family violence) offence other than within young adult relationship
50
Crimes Act, s 55A sexual intercourse with young person under special care
51
Crimes Act, s 56 maintain sexual relationship with young person or person under special care
52
Crimes Act, s 56 persistent sexual abuse of child or young person under special care
53
Crimes Act, s 57 and s 72AA (2) act of indecency in first degree (aggravated offence—involving family violence) offence against vulnerable person
54
Crimes Act, s 58 act of indecency in second degree offence against vulnerable person
55
Crimes Act, s 58 and s 72AA (2) act of indecency in second degree (aggravated offence—involving family violence) offence against vulnerable person
56
Crimes Act, s 59 act of indecency in third degree offence against vulnerable person
57
Crimes Act, s 59 and s 72AA (2) act of indecency in third degree (aggravated offence—involving family violence) offence against vulnerable person
58
Crimes Act, s 60 act of indecency without consent offence against vulnerable person
59
Crimes Act, s 60 and s 72AA (2) act of indecency without consent (aggravated offence—involving family violence) offence against vulnerable person
60
Crimes Act, s 61 (1) act of indecency without consent (child under 10 years old)
61
Crimes Act, s 61 (1) and s 72AA (2) act of indecency without consent (child under 10 years old) (aggravated offence—involving family violence)
62
Crimes Act, s 61 (3) act of indecency without consent (child under 16 years) offence other than within young adult relationship
63
Crimes Act, s 61 (3) and s 72AA (2) act of indecency without consent (child under 16 years) (aggravated offence—involving family violence) offence other than within young adult relationship
64
Crimes Act, s 61A act of indecency with young person under special care
65
Crimes Act, s 62 (1) incest (under 10 years)
66
Crimes Act, s 62 (2) incest (under 16 years)
67
Crimes Act, s 62 (3) incest (16 years or older) offence against vulnerable person
68
Crimes Act, s 64 (1) use etc child under 12 years for production of child exploitation material
69
Crimes Act, s 64 (1) and s 72AA (2) use etc child under 12 years for production of child exploitation material (aggravated offence—involving family violence)
70
Crimes Act, s 64 (3) use etc child 12 years or older for production of child exploitation material
71
Crimes Act, s 64 (3) and s 72AA (2) use etc child 12 years or older for production of child exploitation material (aggravated offence—involving family violence)
72
Crimes Act, s 64A trade in child exploitation material
73
Crimes Act, s 64A and s 72AA (2) trade in child exploitation material (aggravated offence—involving family violence)
74
Crimes Act, s 65 possess child exploitation material
75
Crimes Act, s 65 and s 72AA (2) possess child exploitation material (aggravated offence—involving family violence)
76
Crimes Act, s 66 (1) (a) grooming—encourage young person to commit etc act of sexual nature
77
Crimes Act, s 66 (1) (a) and s 72AA (2) grooming—encourage young person to commit etc act of sexual nature (aggravated offence—involving family violence)
78
Crimes Act, s 66 (1) (b) grooming—engage in conduct with intention of encouraging young person to commit etc act of sexual nature
79
Crimes Act, s 66 (1) (b) and s 72AA (2) grooming—engage in conduct with intention of encouraging young person to commit etc act of sexual nature (aggravated offence—involving family violence)
80
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
81
Crimes Act, s 66 (1) (c) and s 72AA (2) 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 (aggravated offence—involving family violence)
82
Crimes Act, s 79 (1) sexual servitude—cause person to enter or remain in offence against vulnerable person
83
Crimes Act, s 79 (2) sexual servitude—conduct business involving offence against vulnerable person
84
Crimes Act, s 80 deceptive recruiting for sexual services offence against vulnerable person
85
Sex Work Act, s 20 cause child to provide commercial sexual services etc
Abduction, harassment and related offences
86
Crimes Act, s 37 abduction of young person offence against child other than family member
87
Crimes Act, s 38 kidnapping offence against child other than family member
88
Crimes Act, s 40 unlawfully take child etc offence against child other than family member
89
Crimes Act, s 63 abduction offence against vulnerable person
Public order offences
90
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 15 and s 48A (2) manslaughter (aggravated offence—against pregnant person)
3
Crimes Act, s 15 and s 48C (2) manslaughter (aggravated offence—involving family violence)
4
Crimes Act, s 17 (1) suicide—aids or abets
5
Crimes Act, s 17 (2) suicide—incites or counsels
6
Crimes Act, s 29 (2) culpable driving of motor vehicle—cause death without intent to cause death
7
Crimes Act, s 29 (2) and s 48A (2) culpable driving of motor vehicle—cause death (aggravated offence—against pregnant person) without intent to cause death
8
Crimes Act, s 29 (2) and s 48C (2) culpable driving of motor vehicle—cause death (aggravated offence—involving family violence) without intent to cause death
9
Crimes Act, s 42 child destruction
10
Road Transport (Safety and Traffic Management) Act, s 6 (1) drive motor vehicle negligently causes death
Acts intended to cause injury
11
Crimes Act, s 19 intentionally inflict grievous bodily harm offence other than against vulnerable person
12
Crimes Act, s 19 and s 48A (2) intentionally inflict grievous bodily harm (aggravated offence—against pregnant person) offence other than against vulnerable person
13
Crimes Act, s 19 and s 48C (2) intentionally inflict grievous bodily harm (aggravated offence—involving family violence) offence other than against vulnerable person
14
Crimes Act, s 20 recklessly inflict grievous bodily harm offence other than against vulnerable person
15
Crimes Act, s 20 and s 48A (2) recklessly inflict grievous bodily harm (aggravated offence—against pregnant person) offence other than against vulnerable person
16
Crimes Act, s 20 and s 48C (2) recklessly inflict grievous bodily harm (aggravated offence—involving family violence) offence other than against vulnerable person
17
Crimes Act, s 21 wounding offence other than against vulnerable person
18
Crimes Act, s 21 and s 48A (2) wounding (aggravated offence—against pregnant person) offence other than against vulnerable person
19
Crimes Act, s 21 and s 48C (2) wounding (aggravated offence—involving family violence) offence other than against vulnerable person
20
Crimes Act, s 22 assault with intent to commit other offence offence other than against vulnerable person
21
Crimes Act, s 23 and s 48A (2) inflict actual bodily harm (aggravated offence—against pregnant person) offence other than against vulnerable person
22
Crimes Act, s 23 and s 48C (2) inflict actual bodily harm (aggravated offence—involving family violence) offence other than against vulnerable person
23
Crimes Act, s 24 and s 48A (2) assault occasioning actual bodily harm (aggravated offence—against pregnant person) offence other than against vulnerable person
24
Crimes Act, s 24 and s 48C (2) assault occasioning actual bodily harm (aggravated offence—involving family violence) offence other than against vulnerable person
25
Crimes Act, s 25 cause grievous bodily harm offence other than against vulnerable person
26
Crimes Act, s 27 (3) (a) acts endangering life—chokes, suffocates or strangles offence other than against vulnerable person
27
Crimes Act, s 27 (3) (a) and s 48C (2) acts endangering life—chokes, suffocates or strangles (aggravated offence—involving family violence) offence other than against vulnerable person
28
Crimes Act, s 27 (3) (b) acts endangering life—administer stupefying or overpowering drug offence other than against vulnerable person
29
Crimes Act, s 27 (3) (b) and s 48C (2) acts endangering life—administer stupefying or overpowering drug (aggravated offence—involving family violence) offence other than against vulnerable person
30
Crimes Act, s 27 (3) (c) acts endangering life—use offensive weapon offence other than against vulnerable person
31
Crimes Act, s 27 (3) (c) and s 48C (2) acts endangering life—use offensive weapon (aggravated offence—involving family violence) offence other than against vulnerable person
32
Crimes Act, s 27 (3) (e) acts endangering life—cause explosion etc offence other than against vulnerable person
33
Crimes Act, s 27 (3) (e) and s 48C (2) acts endangering life—cause explosion etc (aggravated offence—involving family violence) offence other than against vulnerable person
34
Crimes Act, s 27 (3) (f) acts endangering life—set trap offence other than against vulnerable person
35
Crimes Act, s 27 (3) (f) and s 48C (2) acts endangering life—set trap (aggravated offence—involving family violence) offence other than against vulnerable person
36
Crimes Act, s 27 (3) (g) acts endangering life—interfere with conveyance, transport facility or public utility service offence other than against vulnerable person
37
Crimes Act, s 27 (3) (g) and s 48C (2) acts endangering life—interfere with conveyance, transport facility or public utility service (aggravated offence—involving family violence) offence other than against vulnerable person
38
Crimes Act, s 36 torture offence other than against vulnerable person
39
Crimes Act, s 74 prohibition of female genital mutilation offence other than against vulnerable person
Sexual assault and related offences
40
Crimes Act, s 51 sexual assault in first degree offence other than against vulnerable person
41
Crimes Act, s 51 and s 72AA (2) sexual assault in first degree (aggravated offence—involving family violence) offence other than against vulnerable person
42
Crimes Act, s 52 sexual assault in second degree offence other than against vulnerable person
43
Crimes Act, s 52 and s 72AA (2) sexual assault in second degree (aggravated offence—involving family violence) offence other than against vulnerable person
44
Crimes Act, s 53 sexual assault in third degree offence other than against vulnerable person
45
Crimes Act, s 53 and s 72AA (2) sexual assault in third degree (aggravated offence—involving family violence) offence other than against vulnerable person
46
Crimes Act, s 54 sexual intercourse without consent offence other than against vulnerable person
47
Crimes Act, s 54 and s 72AA (2) sexual intercourse without consent (aggravated offence—involving family violence) offence other than against vulnerable person
48
Crimes Act, s 55 (3) sexual intercourse with young person (under 16 years old) offence within young adult relationship
49
Crimes Act, s 55 (3) and s 72AA (2) sexual intercourse with young person (under 16 years old) (aggravated offence—involving family violence) offence within young adult relationship
50
Crimes Act, s 57 act of indecency in first degree offence other than against vulnerable person
51
Crimes Act, s 57 and s 72AA (2) act of indecency in first degree (aggravated offence—involving family violence) offence other than against vulnerable person
52
Crimes Act, s 58 act of indecency in second degree offence other than against vulnerable person
53
Crimes Act, s 58 and s 72AA (2) act of indecency in second degree (aggravated offence—involving family violence) offence other than against vulnerable person
54
Crimes Act, s 59 act of indecency in third degree offence other than against vulnerable person
55
Crimes Act, s 59 and s 72AA (2) act of indecency in third degree (aggravated offence—involving family violence) offence other than against vulnerable person
56
Crimes Act, s 60 act of indecency without consent offence other than against vulnerable person
57
Crimes Act, s 60 and s 72AA (2) act of indecency without consent (aggravated offence—involving family violence) offence other than against vulnerable person
58
Crimes Act, s 61 (3) act of indecency without consent (child under 16 years) offence within young adult relationship
59
Crimes Act, s 61 (3) and s 72AA (2) act of indecency without consent (child under 16 years) (aggravated offence—involving family violence) offence within young adult relationship
60
Crimes Act, s 61B (1) observe with device or capture visual data—other person offence against vulnerable person
61
Crimes Act, s 61B (1) and s 72AA (2) observe with device or capture visual data—other person (aggravated offence—involving family violence) offence against vulnerable person
62
Crimes Act, s 61B (5) observe with device or capture visual data—other person’s genital/ anal region or breasts offence against vulnerable person
63
Crimes Act, s 61B (5) and s 72AA (2) observe with device or capture visual data—other person’s genital/ anal region or breasts (aggravated offence—involving family violence) offence against vulnerable person
64
Crimes Act, s 62 (3) incest (16 years or older) offence other than against vulnerable person
65
Crimes Act, s 72C non-consensual distribution of intimate images offence against vulnerable person
66
Crimes Act, s 72C and s 72EA (2) non-consensual distribution of intimate images (aggravated offence—involving family violence) offence against vulnerable person
67
Crimes Act, s 72D
Distribution of intimate image of young person
68
Crimes Act, s 72D and s 72EA (2)
Distribution of intimate image of young person (aggravated offence—involving family violence)
69
Crimes Act, s 79 (1) sexual servitude—cause person to enter or remain in offence other than against vulnerable person
70
Crimes Act, s 79 (2) sexual servitude—conduct business involving offence other than against vulnerable person
71
Crimes Act, s 80 deceptive recruiting for sexual services offence other than against vulnerable person
Dangerous or negligent acts endangering others
72
Crimes Act, s 39 neglect etc of children
73
Crimes Act, s 41 expose or abandon child
Abduction, harassment and related offences
74
Crimes Act, s 38 kidnapping
offence against child family member or person other than a vulnerable person
75
Crimes Act, s 63 abduction offence against child family member or person other than a vulnerable person
Fraud, deception and related offences
76
Criminal Code, s 326 obtain property by deception offence against vulnerable person
77
Criminal Code, s 332 obtain financial advantage by deception offence against vulnerable person
78
Criminal Code, s 334 conspiracy to defraud offence against vulnerable person
79
Criminal Code, s 336 pass valueless cheques offence against vulnerable person
80
Criminal Code, s 337 make false or misleading statements
81
Criminal Code, s 339 produce false or misleading documents offence against vulnerable person
82
Criminal Code, s 346 forgery offence against vulnerable person
83
Criminal Code, s 347 use false document offence against vulnerable person
84
Criminal Code, s 348 possess false document offence against vulnerable person
Illicit drug offences
85
Criminal Code, s 603 (1) traffic controlled drug—large commercial quantity
86
Criminal Code, s 603 (3) traffic controlled drug—commercial quantity
87
Criminal Code, s 603 (5) traffic controlled drug—trafficable quantity of cannabis
88
Criminal Code, s 603 (7) traffic controlled drug—controlled drug other than cannabis
89
Criminal Code, s 607 (1) manufacture controlled drug to sell—large commercial quantity
90
Criminal Code, s 607 (3) manufacture controlled drug to sell—commercial quantity
91
Criminal Code, s 607 (5) manufacture controlled drug to sell
92
Criminal Code, s 609 manufacture controlled drug
93
Criminal Code, s 610 (1) sell controlled precursor—large commercial quantity
94
Criminal Code, s 610 (3) sell controlled precursor—commercial quantity
95
Criminal Code, s 610 (5) sell controlled precursor for manufacture
96
Criminal Code, s 611 (1) manufacture controlled precursor—large commercial quantity
97
Criminal Code, s 611 (3) manufacture controlled precursor to sell—large commercial quantity
98
Criminal Code, s 611 (5) manufacture controlled precursor—commercial quantity
99
Criminal Code, s 611 (7) manufacture controlled precursor to sell—commercial quantity
100
Criminal Code, s 611 (9) manufacture controlled precursor
101
Criminal Code, s 611 (10) manufacture controlled precursor to sell
102
Criminal Code, s 612 (1) possess controlled precursor—large commercial quantity
103
Criminal Code, s 612 (3) possess controlled precursor—commercial quantity
104
Criminal Code, s 612 (5) possess controlled precursor
105
Criminal Code, s 613 (1) supply substance, equipment or document for drug manufacture
106
Criminal Code, s 613 (2) possess substance, equipment or document to supply for drug manufacture
107
Criminal Code, s 614 possess substance, equipment or document for drug manufacture
108
Criminal Code, s 616 (1) cultivate controlled plant to sell—large commercial quantity
109
Criminal Code, s 616 (3) cultivate controlled plant to sell—commercial quantity
110
Criminal Code, s 616 (5) cultivate controlled plant to sell—trafficable quantity
111
Criminal Code, s 616 (7) cultivate other controlled plant to sell
112
Criminal Code, s 618 (1) cultivate controlled plant other than cannabis plant
113
Criminal Code, s 619 (1) sell controlled plant—large commercial quantity
114
Criminal Code, s 619 (3) sell controlled plant—commercial quantity
115
Criminal Code, s 619 (5) sell controlled plant—trafficable quantity of cannabis plant
116
Criminal Code, s 619 (7) sell controlled plant—controlled plant other than cannabis plant
117
Criminal Code, s 620 (1) supply controlled plant, product, equipment or document—cultivation
118
Criminal Code, s 620 (2) possess controlled plant, product, equipment or document—intent to supply to another
119
Criminal Code, s 621 possess controlled plant, product, equipment or document—cultivation
120
Criminal Code, s 622 (1) supply controlled drug to child for selling—commercial quantity
121
Criminal Code, s 622 (3) supply controlled drug to child for selling
122
Criminal Code, s 624 (1) procure child to traffic in controlled drug—commercial quantity
123
Criminal Code, s 624 (4) procure child to traffic in controlled drug
124
Criminal Code, s 625 supply controlled drug to child
Public order offences
125
Animal Welfare Act, s 7A aggravated cruelty
Dictionary (see s 4)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
ACAT
ACT
adult
Australia
change
chief police officer
child
commissioner for fair trading
contravene
Corporations Act
correctional centre
Criminal Code
detention place
director-general (see s 163)
disallowable instrument (see s 9)
document
domestic partner (see s 169 (1))
emergency service
entity
foreign country
found guilty
function
health practitioner
home address
lawyer
Legislation Act
notifiable instrument (see s 10)
penalty unit (see s 133)
person (see s 160)
police officer
registrar-general
reviewable decision notice
road transport authority
territory law
the Territory
work health and safety commissioner
working day
writing.
ACT Teacher Quality Institute means the institute established under the ACT Teacher Quality Institute Act 2010, section 10.
additional risk assessment—see section 54 (2) (a).
adult conviction or finding of guilt, for a person for an offence, means a conviction or finding of guilt for an offence committed when the person was an adult.
Animal Welfare Act, for schedule 3 (Disqualifying offences)—see schedule 3, section 3.1.
application, for registration, for part 4 (Applying for registration)—see section 16A.
class A disqualifying offence—see section 11B.
class B disqualifying offence—see section 11B.
commissioner means the commissioner for fair trading.
conditional registration means a registration that is subject to conditions.
contact, between a person and a vulnerable person—see section 10.
corresponding law means—
a law of another jurisdiction corresponding, or substantially corresponding, to this Act; or
a law of another jurisdiction prescribed by regulation as a corresponding law for this Act.
Crimes Act, for schedule 3 (Disqualifying offences)—see schedule 3, section 3.1.
criminal history, about a person—see section 24.
disqualifying offence—see section 11B.
Drugs of Dependence Act, for schedule 3 (Disqualifying offences)—see schedule 3, section 3.1.
employer, in relation to a regulated activity—see section 11.
engaged, in a regulated activity—see section 9.
independent advisor means an independent advisor appointed under section 34.
interim condition—see section 54A.
jurisdiction means a State, the Commonwealth or an internal Territory, including the ACT.
kinship carer—see the Children and Young People Act 2008, section 516.
named employer, for a regulated activity—see section 18 (1) (d) (i).
NDIS Act means the National Disability Insurance Scheme Act 2013 (Cwlth).
NDIS activity—see section 8A.
NDIS quality and safeguards commission means the NDIS quality and safeguards commission established under the NDIS Act, section 181A.
negative notice—see section 40 (2) (a).
negative risk assessment—see section 37 (1) (b).
non-conviction information, about a person—see section 25.
proposed conditional registration notice—see section 43 (1).
proposed negative notice—see section 37 (2).
registered NDIS provider—see the NDIS Act, section 9 (Definitions).
registration means a registration under this Act.
regulated activity—see section 8.
relevant offence—see section 11A.
reviewable decision, for part 7 (Notification and review of decisions)—see section 61.
revised risk assessment—see section 38 (2).
risk assessment, for a person—see section 23.
risk assessment guidelines—see section 27.
Road Transport (Safety and Traffic Management) Act, for schedule 3 (Disqualifying offences)—see schedule 3, section 3.1.
role-based registration—see section 42B.
Sex Work Act, for schedule 3 (Disqualifying offences)—see schedule 3, section 3.1.
spent, for a conviction—see the Spent Convictions Act 2000, section 7.
vulnerable person—see section 7.
young adult relationship, for schedule 3 (Disqualifying offences)—see schedule 3, section 3.1.
This provision refers to the regulations (may make regulations
, prescribed by regulation
). Made under this Act:
This Act’s bill:Explanatory statementSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.