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Driver disqualification offences

Disqualification offences are safety and criminal offences that are more serious in nature. To keep our industry safe, being charged with or convicted of a disqualification may impact on whether you are granted a passenger transport driver authorisation.

Driver disqualification offences come into effect from July 2020.

  What is a disqualification offence?

Disqualification offences are certain safety and criminal offences recognised in the Transport (Road Passenger Services) Act 2018, associated regulations and other State and Commonwealth law that are more serious in nature. These are mainly offences that point to the criminality, violent tendency or dishonesty of an individual, as well as serious road traffic, drugs and weapons offences.

A full list of disqualification offences is at the bottom of this page.

Opens in a new window Transport (Road Passenger Services) Act 2018

  I have committed a disqualification offence what does this mean for me?

If you have been charged or convicted of a disqualification offence, this will impact on how the Department of Transport assess your application for a PTD authorisation. 

The impact on your application for PTD authorisation will be determined by:

  • the type of disqualification offence; and
  • whether you have been charged or convicted.

If you have been charged with a disqualification offence, your application for PTD authorisation may be refused. Your application may also be refused if you are assessed as not a fit and proper person.

If you have been convicted of a disqualification offence, your application for PTD authorisation must be refused unless:

  • the conviction has been quashed or set aside; and/or
  • the disqualification period for the offence has passed since the conviction.

  What is a spent conviction?

Having a conviction declared spent means you can limit the disclosure of a conviction. For example, a conviction which has been spent is not listed on a National Police Certificate. 

If a conviction is considered spent, you are not obliged to disclose any details of that conviction and any questions concerning your criminal history can only refer to any convictions which are not spent.

  How can I get my conviction spent?

When you apply for a WA National Police Certificate, it also includes an application to spend eligible convictions. If you are applying for an NPC, there is no need to apply separately for a spent conviction.

The WA Police have the most up to date information on ways to apply for a spent conviction. Please visit the WA Police Spent Conviction FAQs for further information.

External Link WA Police: Spent conviction FAQs

  What are the disqualification offences?

The information below lists all the driver disqualification offences, grouped by which piece of legislation they fit under.

The circumstances where they apply (e.g. based on level of penalty) and the applicable disqualification period are listed for each disqualification offence.

Please note, these are the intended driver disqualification offences under the Transport (Road Passenger Services) Act 2018. This information is provided as a guide only, and is subject to change as the Regulations are finalised and gazetted by 1 July 2020.

  Transport (Road Passenger Services) Act 2018

The table below lists all the driver disqualification offences and disqualification periods under the Transport (Road Passenger Services) Act 2018

Item in the Regulations Section/ chapter Description Permanent disqualification period 5 year disqualification period 12 month disqualification period
1 s. 21(1) Safety duty offence: Category 1. Any conviction    
2 s. 22(1) Safety duty offence: Category 2. Any conviction    
3 s. 23 Safety duty offence: Category 3. Any conviction    
4 s. 90(1) Driving vehicle without driver authorisation driving for hire or reward without a PTD authorisation.     2nd or subsequent conviction only
5 s. 91(1) Causing or permitting person to drive vehicle without driver authorisation.     2nd or subsequent conviction only
Opens in a new window Transport (Road Passenger Services) Act 2018

  Children and Community Services Act 2004

The table below lists all the driver disqualification offences and disqualification periods under the Children and Community Services Act 2004.

Item in the Regulations Section/ chapter Description Permanent disqualification period
6 s. 192(1) Children not to be employed to perform in indecent manner person employing a child. Any conviction.
6 s. 192(2) Children not to be employed to perform in indecent manner parent permitting child to be employed. Any conviction.
External Link Children and Community Services Act 2004

  Classification (Publications, Films and Computer Games) Enforcement Act 1996

The table below lists all the driver disqualification offences and disqualification periods under the Classification (Publications, Films and Computer Games) Enforcement Act 1996

Item in the Regulations Section/ chapter Description Permanent disqualification period
7 s. 101(1) Objectionable material. Any conviction.
7 s. 60(1) Child pornography - supplying. Repealed 28 Aug 2010. Any previous conviction.
7 s. 60(2) Child pornography - publishing. Repealed 28 Aug 2010. Any previous conviction.
7 s. 60(3) Child pornography - displaying, exhibiting or demonstrating. Repealed 28 Aug 2010. Any previous conviction.
7 s. 60(4) Child pornography - possession of copying. Repealed 28 Aug 2010. Any previous conviction.
External Link Classification (Publications, Films and Computer Games) Enforcement Act 1996

  Criminal Code

The table below lists all the driver disqualification offences and disqualification periods under the Criminal Code. 

Item in the Regulations Section/ chapter Description Permanent disqualification period 5 year disqualification period 12 month disqualification period
9, 10, 11 IX Unlawful assemblies: Breaches of the peace. If an offender is liable to a penalty of imprisonment for more than 3 years. If an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years. If the offender is liable to a penalty of imprisonment for no more than 18 months.
9, 10, 11 XI Racial harassment and incitement to racial hatred. If an offender is liable to a penalty of imprisonment for more than 3 years. If an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years. If the offender is liable to a penalty of imprisonment for no more than 18 months.
9, 10, 11 XVI Offences relating to the administration of justice. If an offender is liable to a penalty of imprisonment for more than 3 years. If an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years. If the offender is liable to a penalty of imprisonment for no more than 18 months.
9, 10, 11 XXII Offences against morality. If an offender is liable to a penalty of imprisonment for more than 3 years. If an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years. If the offender is liable to a penalty of imprisonment for no more than 18 months.
9 XXV Child exploitation material. If an offender is liable to a penalty of imprisonment for more than 3 years.    
9, 10 XXVIA Facilitating activities of criminal organisations. If an offender is liable to a penalty of imprisonment for more than 3 years. If an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years.  
10 XXVA Intimate images.   If an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years.  
9, 10 XXVIII Homicide: Suicide: Concealment of birth. If an offender is liable to a penalty of imprisonment for more than 3 years. If an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years.  
9, 10, 11 XXIX Offences endangering life or health. If an offender is liable to a penalty of imprisonment for more than 3 years. If an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years. If the offender is liable to a penalty of imprisonment for no more than 18 months.
9, 10, 11 XXX Assaults. If an offender is liable to a penalty of imprisonment for more than 3 years. If an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years. If the offender is liable to a penalty of imprisonment for no more than 18 months.
8 XXXI Sexual offences. Any penalty or imprisonment period.    
9, 10, 11 XXXIII Offences against liberty. If an offender is liable to a penalty of imprisonment for more than 3 years. If an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years. If the offender is liable to a penalty of imprisonment for no more than 18 months.
9, 10, 11 XXXIIIA Threats. If an offender is liable to a penalty of imprisonment for more than 3 years. If an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years. If the offender is liable to a penalty of imprisonment for no more than 18 months.
9, 10, 11 XXXIIIB Stalking. If an offender is liable to a penalty of imprisonment for more than 3 years. If an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years. If the offender is liable to a penalty of imprisonment for no more than 18 months.
9 s. 343 Child stealing. If an offender is liable to a penalty of imprisonment for more than 3 years.    
9, 10 XXXVI Stealing. If an offender is liable to a penalty of imprisonment for more than 3 years. If an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years.  
9, 10, 11 XXXVII Offences analogous to stealing. If an offender is liable to a penalty of imprisonment for more than 3 years. If an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years. If the offender is liable to a penalty of imprisonment for no more than 18 months.
9, 10 XXXVIII Robbery: Extortion by threats. If an offender is liable to a penalty of imprisonment for more than 3 years. If an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years.  
9, 10 XXXIX Offences in or in respect of buildings etc. If an offender is liable to a penalty of imprisonment for more than 3 years. If an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years.  
9, 10 XL Fraud. If an offender is liable to a penalty of imprisonment for more than 3 years. If an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years.  
9, 10 XLI Receiving property stolen or fraudulently obtained and like offences. If an offender is liable to a penalty of imprisonment for more than 3 years. If an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years.  
9, 10, 11 XLIVA Unauthorised use of computer systems. If an offender is liable to a penalty of imprisonment for more than 3 years. If an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years. If the offender is liable to a penalty of imprisonment for no more than 18 months.
9, 10 XLVI Injuries to property. If an offender is liable to a penalty of imprisonment for more than 3 years. If an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years.  
9, 10, 11 XLIX Forgery and uttering. If an offender is liable to a penalty of imprisonment for more than 3 years. If an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years. If the offender is liable to a penalty of imprisonment for no more than 18 months.
9 L False representations as to status. If an offender is liable to a penalty of imprisonment for more than 3 years.    
9, 10 LI Identity crime If an offender is liable to a penalty of imprisonment for more than 3 years. If an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years.  
9, 10, 11 LIII Personation. If an offender is liable to a penalty of imprisonment for more than 3 years. If an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years. If the offender is liable to a penalty of imprisonment for no more than 18 months.
9 LV Corruption of agents, trustees, and others in whom confidence is reposed. If an offender is liable to a penalty of imprisonment for more than 3 years.    
10, 11, 12 s. 552 Attempt to commit indictable offence. If an offender is liable to a penalty of imprisonment for more than 3 years and only if the offence relates to an offence referred to in item 8, 9, 10 or 11 of the Regulations. If an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years and only if the offence relates to an offence referred to in item 8, 9, 10 or 11 of the Regulations. If an offender is liable to a penalty of imprisonment for no more than 18 months and only if the offence relates to an offence referred to in item 8, 9, 10 or 11 of the Regulations.
10, 11, 12 s. 553 Incitement to commit indictable offence. If an offender is liable to a penalty of imprisonment for more than 3 years and only if the offence relates to an offence referred to in item 8, 9, 10 or 11 of the Regulations. If an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years and only if the offence relates to an offence referred to in item 8, 9, 10 or 11 of the Regulations. If an offender is liable to a penalty of imprisonment for no more than 18 months and only if the offence relates to an offence referred to in item 8, 9, 10 or 11 of the Regulations.
10, 11, 12 s. 555A Attempt and incitement to commit simple offence under this Code. If an offender is liable to a penalty of imprisonment for more than 3 years and only if the offence relates to an offence referred to in item 8, 9, 10 or 11 of the Regulations. If an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years and only if the offence relates to an offence referred to in item 8, 9, 10 or 11 of the Regulations. If an offender is liable to a penalty of imprisonment for no more than 18 months and only if the offence relates to an offence referred to in item 8, 9, 10 or 11 of the Regulations.
10, 11, 12 s. 556 Attempt to procure commission of criminal act. If an offender is liable to a penalty of imprisonment for more than 3 years and only if the offence relates to an offence referred to in item 8, 9, 10 or 11 of the Regulations. If an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years and only if the offence relates to an offence referred to in item 8, 9, 10 or 11 of the Regulations. If an offender is liable to a penalty of imprisonment for no more than 18 months and only if the offence relates to an offence referred to in item 8, 9, 10 or 11 of the Regulations.
10, 11, 12 s. 558 Conspiracy to commit indictable offence. If an offender is liable to a penalty of imprisonment for more than 3 years and only if the offence relates to an offence referred to in item 8, 9, 10 or 11 of the Regulations. If an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years and only if the offence relates to an offence referred to in item 8, 9, 10 or 11 of the Regulations. If an offender is liable to a penalty of imprisonment for no more than 18 months and only if the offence relates to an offence referred to in item 8, 9, 10 or 11 of the Regulations.
10, 11, 12 s. 560 Conspiracy to commit simple offence. If an offender is liable to a penalty of imprisonment for more than 3 years and only if the offence relates to an offence referred to in item 8, 9, 10 or 11 of the Regulations. If an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years and only if the offence relates to an offence referred to in item 8, 9, 10 or 11 of the Regulations. If an offender is liable to a penalty of imprisonment for no more than 18 months and only if the offence relates to an offence referred to in item 8, 9, 10 or 11 of the Regulations.
10, 11, 12 s. 562 Accessory after the fact to indictable offence. If an offender is liable to a penalty of imprisonment for more than 3 years and only if the offence relates to an offence referred to in item 8, 9, 10 or 11 of the Regulations. If an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years and only if the offence relates to an offence referred to in item 8, 9, 10 or 11 of the Regulations. If an offender is liable to a penalty of imprisonment for no more than 18 months and only if the offence relates to an offence referred to in item 8, 9, 10 or 11 of the Regulations.
10 s. 563A Property laundering. If an offender is liable to a penalty of imprisonment for more than 3 years and only if the offence relates to an offence referred to in item 8, 9, 10 or 11 of the Regulations.    
10 s. 563B Dealing with property used in connection with an offence. If an offender is liable to a penalty of imprisonment for more than 3 years and only if the offence relates to an offence referred to in item 8, 9, 10 or 11 of the Regulations.    
External Link Criminal Code

  Firearms Act 1973

The table below lists all the driver disqualification offences and disqualification periods under the Firearms Act 1973.

Item in the Regulations 10 year disqualification period 12 month disqualification period
15, 16 Any offence under the Firearms Act 1973 if an offender is liable to a penalty of imprisonment for more than 2 years. Any offence under the Firearms Act 1973 if an offender is liable to a penalty of imprisonment for at least 12 months but no more than 2 years.
External Link Firearms Act 1973

  Misuse of Drugs Act 1981

The table below lists all the driver disqualification offences and disqualification periods under the Misuse of Drugs Act 1981

Item in the Regulations 10 year disqualification period 12 month disqualification period
17, 18 Any indictable offence under the Misuse of Drugs Act 1981. Any simple offence under the Misuse of Drugs Act 1981.
External Link Misuse of Drugs Act 1981

  Prostitution Act 2000

The table below lists all the driver disqualification offences and disqualification periods under the Prostitution Act 2000

Item in the Regulations Section/ chapter Description Permanent disqualification period
19 s. 16(1) Causing, permitting, or seeking to induce child to act as prostitute. Any conviction.
19 s. 16(2) Causing, permitting, or seeking to induce child to act as prostitute. Any conviction.
19 s. 17(1) Obtaining payment for prostitution by child. Any conviction.
19 s. 18(1) Agreement for prostitution by child. Any conviction.
External Link Prostitution Act 2000

  Road Traffic Act 1974

The table below lists all the driver disqualification offences and disqualification periods under the Road Traffic Act 1974

Item in the Regulations Section/ chapter Description Permanent disqualification period 10 year disqualification offence 5 year disqualification period 12 month disqualification period
20 s. 59(1) Dangerous driving causing death or grievous bodily harm. Any conviction.      
21, 22, 23 s. 59A(1) Dangerous driving causing bodily harm. 2nd or subsequent conviction or if the offender has a prior conviction under the Road Traffic Act 1974 section 59(1). 1st conviction.    
24, 25 s. 59BA(1) Careless driving causing death, grievous bodily harm or bodily harm.   2nd or subsequent conviction. 1st conviction.  
26, 27, 28 s. 60(1A) Driving in a reckless manner.     2nd or subsequent conviction or if the offender has a prior conviction under the Road Traffic Act 1974 section 60A(1) or (2). 1st conviction.
29, 30, 31 s. 60A(1) Driving at reckless speed - driving at 155km/hr or higher on any road.     2nd or subsequent conviction or if the offender has a prior conviction under the Road Traffic Act 1974 section 60A(1) or (2). 1st conviction.
29, 30, 31 s. 60A(2) Driving at reckless speed - driving at 45km/hr or more over the speed limit.     2nd or subsequent conviction or if the offender has a prior conviction under the Road Traffic Act 1974 section 60A(1) or (2). 1st conviction.
32, 33, 24 s. 61(1) Dangerous driving.     2nd or subsequent conviction or if the offender has a prior conviction under the Road Traffic Act 1974 section 59(1), 59A(1), 60(1A) or 60A(1) or (2). 1st conviction.
20 s. 59(1) Dangerous driving causing death or grievous bodily harm. Any conviction.      
21, 22, 23 s. 59A(1) Dangerous driving causing bodily harm. 2nd or subsequent conviction or if the offender has a prior conviction under the Road Traffic Act 1974 section 59(1). 1st conviction.    
24, 25 s. 59BA(1) Careless driving causing death, grievous bodily harm or bodily harm.   2nd or subsequent conviction. 1st conviction.  
26, 27, 28 s. 60(1A) Driving in a reckless manner.     2nd or subsequent conviction or if the offender has a prior conviction under the Road Traffic Act 1974 section 60A(1) or (2). 1st conviction.
29, 30, 31 s. 60A(1) Driving at reckless speed - driving at 155km/hr or higher on any road.     2nd or subsequent conviction or if the offender has a prior conviction under the Road Traffic Act 1974 section 60A(1) or (2). 1st conviction.
External Link Road Traffic Act 1974

  Weapons Act 1999

The table below lists all the driver disqualification offences and disqualification periods under the Weapons Act 1999

Item in the Regulations Section/ chapter Description 12 month disqualification period
35 s. 6(1) Prohibited weapons. Any conviction.
35 s. 7(1) Controlled weapons carrying/ possession. Any conviction.
35 s. 7(2) Controlled weapons lawful carrying/ possession in a manner that could reasonably be expected to cause injur or disability, or to fear that someone will be injured or disabled. Any conviction.
35 s. 8(1) Other articles carried or possessed as weapons. Any conviction.
35 s. 8A(2) Selling and supplying controlled weapons to children selling. Any conviction.
35 s. 8A(3) Selling and supplying controlled weapons to children supplying. Any conviction.
External Link Weapons Act 1999

  Laws of Commonwealth, other States or Territories

The table below lists all the driver disqualification offences and disqualification periods under laws of the Commonwealth, other States or Territories. 

Item in the Regulations Description Disqualification period
36 Offence under a law of the Commonwealth, another State, or a Territory that is constituted by conduct that is substantially the same as the conduct constituting an offence described in items 1 to 36 of the Regulations (the local offence). The disqualification period prescribed for the local offence.

 

Page last updated: Thu Jun 11 2020 2:09:06 PM