Yellow Card Disqualifying offences and persons

A disqualified person is also a person who has been convicted of a disqualifying offence.[1] This means that such a person would not be eligible for a Yellow Card.

Disqualifying offences (both current and repealed) are listed in the schedule 4 and 5 of the Act. An additional list is also included in the Regulations (schedules 4 and 5). As such, even if a person has been convicted of an offence that is no longer an offence at law, that person is still (generally) considered to be a disqualified person. These offences also extend to related offences in other jurisdictions.[2]

The following is a list of some of the offences. Given the sheer number, this is not a complete list and others are also present there are however others that are not listed:

1 Classification of Computer Games and Images Act 1995

Provision Relevant heading Circumstances for offence
23 Demonstration of an objectionable computer game before a minor
26(3) Possession of objectionable computer game
27(3) or (4) Making objectionable computer game
28 Obtaining minor for objectionable computer game

2Classification of Films Act 1991

Provision Relevant heading Circumstances for offence
41(3) Possession of objectionable film
42(3) or (4) Making objectionable film
43 Procurement of minor for objectionable film

3Classification of Publications Act 1991

Provision Relevant heading Circumstances for offence
12 Sale etc. of prohibited publication the penalty under section 12, penalty, paragraph (c) applies to the offence
13 Possession of prohibited publication the penalty under section 13, penalty, paragraph (c) applies to the offence
14 Possession of child abuse publication
15 Exhibition or display of prohibited publication the penalty under section 15, penalty, paragraph (c) applies to the offence
16 Leaving prohibited publication in or on public place the penalty under section 16, penalty, paragraph (c) applies to the offence
17 Producing prohibited publication the penalty under section 17(1), penalty, paragraph (c), (2), penalty, paragraph (c), (3) or (4) applies to the offence
18 Procurement of minor for RC publication
20 Leaving prohibited publication in or on private premises the penalty under section 20, penalty, paragraph (c) applies to the offence

4Criminal Code

Provision Relevant heading Circumstances for offence
210 Indecent treatment of children under 16
211 Bestiality
213 Owner etc. permitting abuse of children on premises
215 Carnal knowledge with or of children under 16 the offence was committed against a child aged under 14 years or a child who is more than 5 years younger than the offender
216 Abuse of persons with an impairment of the mind
217 Procuring young person etc. for carnal knowledge
218 Procuring sexual acts by coercion etc. the offence was committed against a child or vulnerable person
218A Using internet etc. to procure children under 16
218B Grooming child under 16 years or parent or carer of child under 16 years
219 Taking child for immoral purposes
221 Conspiracy to defile the offence was committed against a child or vulnerable person
222 Incest the offence was committed against a child or vulnerable person
228 Obscene publications and exhibitions a penalty under section 228(2) or (3) applies to the offence
228A Involving child in making child exploitation material
228B Making child exploitation material
228C Distributing child exploitation material
228D Possessing child exploitation material
228DA Administering child exploitation material website
228DB Encouraging use of child exploitation material website
228DC Distributing information about avoiding detection
228I Producing or supplying child abuse object
228J Possessing child abuse object
229B Maintaining a sexual relationship with a child
229FA Obtaining prostitution from person who is not an adult
229G Procuring engagement in prostitution the penalty under section 229G(2) applies to the offence
229H Knowingly participating in provision of prostitution the penalty under section 229H(2) applies to the offence
229HB Carrying on business of providing unlawful prostitution the penalty under section 229HB(2) applies to the offence
229I Persons found in places reasonably suspected of being used for prostitution etc. the penalty under section 229I(2) applies to the offence
229L Permitting young person etc. to be at place used for prostitution
300 Unlawful homicide the unlawful killing is murder under section 302
306 Attempt to murder
307 Accessory after the fact to murder
309 Conspiring to murder
315 Disabling in order to commit indictable offence the offence was committed against a child or vulnerable person
315A Choking, suffocation or strangulation in a domestic setting the offence was committed against a child or vulnerable person
316 Stupefying in order to commit indictable offence the offence was committed against a child or vulnerable person
317 Acts intended to cause grievous bodily harm and other malicious acts the offence was committed against a child or vulnerable person
320A Torture the offence was committed against a child or vulnerable person
321 Attempting to injure by explosive or noxious substances the offence was committed against a child or vulnerable person
322 Administering poison with intent to harm the offence was committed against a child or vulnerable person and the penalty under section 322, penalty, paragraph (a) applies to the offence
323A Female genital mutilation the offence was committed against a child or vulnerable person
323B Removal of child from State for female genital mutilation
327 Setting mantraps the commission of the offence resulted in the death or injury of a child or vulnerable person
349 Rape
350 Attempt to commit rape
351 Assault with intent to commit rape
352 Sexual assaults the offence was committed against a child or vulnerable person
354 Kidnapping the offence was committed against a child or a vulnerable person, other than in a familial context
354A Kidnapping for ransom the offence was committed against a child or a vulnerable person, other than in a familial context
363 Child-stealing the offence was not committed in a familial context
363A Abduction of child under 16 the offence was not committed in a familial context

 

[1] Disability Services Act 2006 (Qld) sch 8.

[2] Disability Services Act 2006 (Qld) sch 8.


How can Robertson O’Gorman help you? 

We frequently assist clients with their Blue and Yellow Card applications. Whether that be drafting show cause submissions or representing them at hearings. We often contact Disability Services or appear in QCAT as solicitor advocate and have successfully argued for a positive notice for our clients.

The decision of ST v Director-General, Department of Justice and Attorney-General [2021] QCAT 337 is but one recent example of our firm doing this. Likewise, and depending on the complexity of the matter and the wishes of the client, we can also brief counsel in such matters. The decisions of CC v Director-General, Department of Justice and Attorney-General [2021] QCAT and HM v Director-General, Department of Justice and Attorney General [2021] QCAT are recent examples of our firm successfully arguing the reversal of a negative notice with the assistance of counsel.

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