Categorisation of offences - advice

This advice provides additional information regarding the categorisation of offences for the purpose of conducting a national police history check.

Introduction

See procedures National police history checks and Kinship care for procedures that must be undertaken.

Category A Disclosable offences

A person, who, as an adult (a person at least 18 years of age), has been convicted or found guilty of any of the following offences against a child (a person under 18 years of age):

  • abduction or detention for the purpose of marriage or sexual penetration
  • administration of drugs for the purpose of enabling sexual penetration of the drugged person
  • assault with intent to take part in act of sexual penetration with child
  • assault with intent to take part in act of sexual penetration with mentally ill or  intellectually defective person (and similar historical offences)
  • assault with intent to unlawfully and carnally know and abuse girl
  • attempted and actual sexual penetration of child
  • attempting to or unlawfully and carnally knowing and abusing a girl
  • benefiting from or encouraging offences against Part IIIA of the Commonwealth Crimes Act 1914 (child sex tourism)
  • bestiality
  • buggery
  • burglary in circumstances where the offender entered the building or part of the building as a trespasser with intent to commit a sexual or indecent assault
  • causing, allowing or inducing a child to take part in prostitution
  • compelling sexual penetration
  • deceptive recruiting for commercial sexual services
  • facilitating sexual offences against children
  • forcible abduction of woman
  • gross indecency with child
  • incest (but not if both people were aged 18 or older and each consented)
  • indecent act with a child
  • indecent act with a child by a person who is responsible for their care etc
  • nndecent assault
  • inducing child under 16 to engage in sexual intercourse or in sexual conduct
  • intentionally causing grievous bodily harm or shooting, etc.
  • kidnapping
  • murder; manslaughter; child homicide; causing serious injury intentionally
  • obtaining payment or agreement for sexual services provided by a child
  • occupier etc. permitting unlawful sexual penetration of a child
  • persistent sexual abuse of child
  • possessing, controlling, producing, supplying or obtaining child abuse material through a carriage service
  • possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service
  • procurement of minor for child pornography
  • procuring defilement of woman by threats or fraud or administering drugs
  • procuring sexual penetration of a child
  • production, possession, publication or transmission of child pornography
  • rape; attempted rape; intent to rape.
  • sexual intercourse with or sexual conduct involving a child under 16
  • sexual offences against people with a cognitive impairment by providers of medical or therapeutic services or special programs
  • sexual penetration and attempted sexual penetration of a child
  • sexual penetration and attempted sexual penetration of mentally ill or intellectually defective person
  • sexual penetration of a child
  • sexual penetration of a child who is 16 or 17 by a person who is responsible for their care etc
  • sexual performance involving a minor
  • sexual servitude and aggravated sexual servitude
  • soliciting acts of sexual penetration or indecent acts
  • trafficking or domestic trafficking in children where the purpose is to provide sexual services
  • unlawfully and carnally knowing and abusing girl
  • using a carriage service to procure or “groom” persons under 16 years of age.

Category B Disclosable offences

A person, who, as an adult, has been convicted or found guilty of any of the above offences against an adult or both the offender and the victim are children (under 18 years of age); or has been convicted or found guilty of one of the following offences:

  • an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in this advice
  • any other offence, whether committed in Victoria or elsewhere, the necessary elements of which consist of elements that constitute any of the offences referred in this advice
  • attempting to choke, etc, in order to commit an indictable offence
  • causing serious injury recklessly
  • cultivation of a narcotic plant in a commercial quantity
  • cultivation of a narcotic plant in a large commercial quantity
  • defensive homicide
  • importing and exporting commercial quantities of border controlled drugs or border controlled plants
  • importing and exporting marketable quantities of border controlled drugs or border controlled plants
  • importing or exporting (smuggling) trafficable or commercial quantity of narcotic goods in a range of circumstances
  • inflicting grievous bodily harm
  • intentionally causing a very serious disease
  • loitering near schools etc.
  • making demand with threat to kill or injure or endanger life
  • failing to comply with reporting obligations under the Sex Offenders Registration Act
  • furnishing false or misleading information under the Sex Offenders Registration Act
  • registered sex offenders undertaking child-related employment
  • breach of an extended supervision order under the Serious Sex Offenders Monitoring Act (other than a breach of a suppression order)
  • possessing commercial quantities of border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
  • possessing commercial quantities of unlawfully imported border controlled drugs or border controlled plants
  • possessing marketable quantities of border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
  • possessing marketable quantities of unlawfully imported border controlled drugs or controlled plants
  • stalking (where the victim is a child)
  • supply of a drug of dependence to a child
  • the common law offence of kidnapping
  • threats to inflict serious injury
  • threats to kill
  • trafficking or attempted trafficking in a commercial quantity of a drug or drugs of dependence
  • trafficking in a drug of dependence to a child
  • trafficking or domestic trafficking in children where the purpose is other than to provide sexual services
  • has a charge for one of the above offences or one of the offences listed under category A pending.

Category C Disclosable offences

A person, who, has been convicted or found guilty of any of the following offences:

  • has been convicted or found guilty of causing injury intentionally or recklessly
  • has been convicted or found guilty of obscene exposure
  • has been convicted or found guilty or has a charge pending in relation to an offence against Part 4 of the Working with Children Act (other than section 37 or 40)
  • the offences covered by Part 4 of the Working with Children Act relate to offences connected with child related work.

Any other offence disclosed

Other offences may be taken into account, but only in exceptional circumstances and only if there is a significant link between the offending behaviour and a risk to the safety of children, based on:

  • the nature and gravity of the offence, or alleged offence, and its relevance to having contact with children
  • the period of time since the person committed, or allegedly committed, the offence and, where there is more than one offence, the time between the offences
  • whether a finding of guilt or a conviction was recorded for the offence or a charge for the offence is still pending
  • the sentence imposed for the offence
  • the ages of the applicant and of any victim at the time the applicant committed, or allegedly committed, the offence
  • whether or not the conduct that constituted the offence or to which the charge relates has been decriminalised since the applicant committed, or allegedly committed the offence
  • the applicant’s behaviour since he or she committed, or allegedly committed, the offence
  • the likelihood of the applicant causing a future threat to a child and
  • any information obtained in the course of the assessment.

The information in this advice is current at the time of printing, but the law changes. You should get legal advice before acting on the information in this publication.

For a complete list of offences and terminology, refer to Schedule 1, Sentencing Act 1991.

1