Disqualification offences are safety and criminal offences that point to the criminality, violent tendency or dishonesty of an individual, as well as serious road traffic, drugs and weapons offences.
They are recognised in the Transport (Road Passenger Services) Act 2018, associated regulations and other State and Commonwealth law that are more serious in nature.
Certain offences may make you ineligible to hold a passenger transport driver (PTD) authorisation.
What are the disqualification offences?
This section lists all the driver disqualification offences and are 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: this information is provided as a guide only.
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 how the Department of Transport (DoT) will 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 a 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.
If you already have a PTD authorisation, and you are convicted of a disqualification offence – your PTD authorisation will be cancelled. The cancellation begins the day after the DoT cancellation letter is sent. The letter is generated after the courts notify the department of your conviction.
If you are not yet in the on-demand transport industry, the disqualification begins from the date of your conviction.
Depending on the offence, you may be able to apply after the disqualification period has ended.
If you commit an offence while disqualified, the new disqualification period begins at the end of the earlier disqualification period.
This is known as the ‘cumulative effect’. Practically it means that each new disqualification period will ‘stack up’ on any disqualifications already in existence.
When does my disqualification begin?
If you already hold a PTD authorisation or are the responsible officer for an ODBS, your disqualification from operation in the on-demand transport industry begins the day after the authorisation cancellation letter is sent by DoT. The letter is generated after the courts notify DoT of your conviction.
If you are not yet in the on-demand transport industry, the disqualification begins from the date of your 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 (NPC).
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 NPC, 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.
Visit the WA Police Spent Conviction FAQs for the most current advice on applying to have a conviction spent.