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Driver disqualification offences
Disqualification offences are serious safety and criminal offences. To keep industry and passengers safe, being charged with or convicted of a disqualification offence may impact on whether you are granted a passenger transport driver authorisation.
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.
| 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 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.
| WA Police: Spent conviction FAQs | ||
|---|---|---|
What are the disqualification offences?
The information below 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.
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 |
| Transport (Road Passenger Services) Act 2018 | ||
|---|---|---|
| Safety duties fact sheet | Kb | |
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. |
| 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. |
| 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. |
| 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. |
| 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. |
| 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. |
| 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. |
| 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 injury 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. |
| 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. |