New South Wales Consolidated Acts

CHILD PROTECTION (WORKING WITH CHILDREN) ACT 2012 - SCHEDULE 2

SCHEDULE 2 – Disqualifying offences

1 Specified offences

(1) The following offences are specified--

(a) murder,

(b) manslaughter of a child (other than as a result of a motor vehicle accident),

(c) an offence involving intentional wounding of, or intentional causing of grievous bodily harm to, a child by an adult who is more than 3 years older than the victim,

(d) an offence under section 61B, 61C, 61D, 61E or 61F of the Crimes Act 1900 ,

(e) an offence under section 61I, 61J, 61JA, 61K, 61KC, 61KD, 61KE, 61KF, 61L, 61M, 61N, 61O or 61P of the Crimes Act 1900 ,

(f) the common law offence of rape or attempted rape,

(g) an offence under section 65A of the Crimes Act 1900 ,

(g1) an offence under section 66, 71, 72, 73 (before its substitution by the Crimes Amendment (Sexual Offences) Act 2003 ) or 74 of the Crimes Act 1900 , where the person against whom the offence is committed is a child under the age of 13 years or where the person found guilty of the offence received a sentence of full time custody for the offence,

(h) an offence under section 66A, 66B, 66C, 66D, 66DA, 66DB, 66DC, 66DD, 66DE, 66DF, 66EA, 66EB, 66EC, 66F, 73 or 73A of the Crimes Act 1900 ,

(i) an offence under section 67, 68, 72A, 76 or 76A of the Crimes Act 1900 ,

(j) an offence under section 78A, 78B or 79 of the Crimes Act 1900 ,

(k) an offence under section 78H, 78I, 78K, 78L, 78M, 78N, 78O, 78Q or 81 of the Crimes Act 1900 ,

(l) an offence under section 80A, 80D or 80E of the Crimes Act 1900 ,

(m) an offence under section 86 of the Crimes Act 1900 where the person against whom the offence is committed is a child, except where the person found guilty of the offence was, when the offence was committed or at some earlier time, a parent or carer of the child,

(n) an offence under section 91D, 91E, 91F, 91G or 91H of the Crimes Act 1900 (other than an offence committed by a child prostitute),

(o) an offence under section 42 or 43 of the Crimes Act 1900 ,

(o1) an offence under section 45 or 45A of the Crimes Act 1900 where the person against whom the offence is committed is a child,

(p) an offence under section 91J, 91K or 91L of the Crimes Act 1900 ,

(q) an offence under section 21G of the Summary Offences Act 1988 or section 91M of the Crimes Act 1900 where the person intended to be observed or filmed was a child,

(q1) an offence under the Crimes Act 1900 , section 530.

(r) an offence against section 272.8, 272.10 (if it relates to an underlying offence against section 272.8) or 272.11 of the Criminal Code of the Commonwealth,

(s) an offence against section 272.9, 272.10 (if it relates to an underlying offence against section 272.9), 272.14 or 272.15 of the Criminal Code of the Commonwealth,

(t) an offence against section 272.18, 272.19 or 272.20 of the Criminal Code of the Commonwealth if it relates to another offence listed in this Schedule,

(u) an offence against section 270.6A or 270.7 of the Criminal Code of the Commonwealth where the person against whom the offence is committed is a child,

(v) an offence against section 233BAB of the Customs Act 1901 of the Commonwealth involving items of child pornography or of child abuse material,

(w) an offence against section 471.16, 471.17, 471.19, 471.20 or 471.22 of the Criminal Code of the Commonwealth,

(x) an offence against section 471.24, 471.25 or 471.26 of the Criminal Code of the Commonwealth,

(xa) an offence under the Crimes Act 1900 , section 547E,

(y) an offence under section 578B or 578C(2A) of the Crimes Act 1900 ,

(z) an offence under a law of another State or a Territory, the Commonwealth or a foreign jurisdiction that, if committed in New South Wales, would constitute an offence listed in this clause,

(aa) an offence an element of which is an intention to commit an offence of a kind listed in this clause,

(ab) an offence of attempting, or of conspiracy or incitement, to commit an offence of a kind listed in this clause,

(ac) any other offence that is a registrable offence within the meaning of the Child Protection (Offenders Registration) Act 2000 , if the offence was committed as an adult.

(2) This clause applies to convictions or proceedings for offences whether occurring before, on or after the commencement of this clause.

2 Excluded offences

An offence is not specified for the purposes of this Schedule if it was an offence specified in this Schedule at the time of its commission and the conduct has ceased to be an offence in New South Wales.