Yellow Card Serious offences
Serious offences are listed in the relevant schedules of the Act and Regulations. Specifically, schedules 2 and 3 of the Act contain the current, repealed and expired serious offences. Schedule 2 and 3 of the Regulations list the current and repealed serious offences. These offences also extend to related offences in other jurisdictions.[1]
Many of these serious offences are the same as those listed in schedules 4 and 5. Thus, serious offences include offences such as the above (often with different qualifying circumstances), but also include others. Again, due to the sheer number of offences, consult the appropriate provisions for a full list:
1 Animal Care and Protection Act 2001
| Provision | Relevant heading | Circumstances for offence |
| 18 | Animal cruelty prohibited |
| Provision | Relevant heading | Circumstances for offence |
| 215 | Carnal knowledge with or of children under 16 | the offence is not a disqualifying offence |
| 218 | Procuring sexual acts by coercion etc. | the offence is not a disqualifying offence |
| 221 | Conspiracy to defile | the offence is not a disqualifying offence |
| 222 | Incest | the offence is not a disqualifying offence |
| 223 | Distributing intimate images | the offence was committed in relation to an intimate image of a child or vulnerable person |
| 227A | Observations or recordings in breach of privacy | the offence was committed against a child or vulnerable person |
| 227B | Distributing prohibited visual recordings | the offence was committed in relation to a prohibited visual recording of a child or vulnerable person |
| 229BB | Failure to protect child from child sexual offence | |
| 242 | Serious animal cruelty | |
| 300 | Unlawful homicide | the offence is not a disqualifying offence |
| 311 | Aiding suicide | |
| 313(1) or (2) | Killing unborn child | |
| 314A | Unlawful striking causing death | |
| 315 | Disabling in order to commit indictable offence | the offence is not a disqualifying offence |
| 315A | Choking, suffocation or strangulation in a domestic setting | the offence is not a disqualifying offence |
| 316 | Stupefying in order to commit indictable offence | the offence is not a disqualifying offence |
| 317 | Acts intended to cause grievous bodily harm and other malicious acts | the offence is not a disqualifying offence |
| 320 | Grievous bodily harm | |
| 320A | Torture | the offence is not a disqualifying offence |
| 321 | Attempting to injure by explosive or noxious substances | the offence is not a disqualifying offence |
| 322 | Administering poison with intent to harm | the offence is not a disqualifying offence and the penalty under section 322, penalty, paragraph (a) applies to the offence |
| 323 | Wounding | |
| 323A | Female genital mutilation | the offence is a not disqualifying offence |
| 324 | Failure to supply necessaries | the offence was committed against a child or vulnerable person who is a person under care in relation to the offender |
| 326 | Endangering life of children by exposure | the offence was committed against a child who is a person under care in relation to the offender |
| 327 | Setting mantraps | the offence is not a disqualifying offence |
| 328 | Negligent acts causing harm | the offence was committed against a child or vulnerable person who is a person under care in relation to the offender |
| 328A(4) | Dangerous operation of a vehicle | |
| 352 | Sexual assaults | the offence is not a disqualifying offence |
| 354 | Kidnapping | the offence is not a disqualifying offence |
| 354A | Kidnapping for ransom | the offence is not a disqualifying offence |
| 363 | Child-stealing | the offence is not a disqualifying offence |
| 363A | Abduction of child under 16 | the offence is not a disqualifying offence |
| 364 | Cruelty to children under 16 | the offence was committed against a child who is a person under care in relation to the offender |
| 399 | Fraudulent concealment of particular documents | the offence was committed with intent to defraud a child or vulnerable person |
| 408C | Fraud | the offence was committed against, or in relation to the property of, a child or vulnerable person |
| 408D | Obtaining or dealing with identification information | the offence was committed in relation to identification information about a child or vulnerable person |
| 415 | Extortion | the penalty under section 415(1), penalty, paragraph (a) applies to the offence |
| 430 | Fraudulent falsification of records | the offence was committed with intent to defraud a child or vulnerable person |
| 488 | Forgery and uttering | the offence was committed with intent to defraud a child or vulnerable person |
| Provision | Relevant heading | Circumstances for offence |
| 5 | Trafficking in dangerous drugs | |
| 6 | Supplying dangerous drugs | the offence is one of aggravated supply under section 6(2)(a), (aa), (b) or (c) |
| 8 | Producing dangerous drugs | the penalty under section 8(1), penalty, paragraph (a) or (b) applies to the offence |
| 9D | Trafficking in relevant substances or things |
[1] 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.