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Criminal history checks

Legislation exists in Queensland to ensure that the driver of a public passenger vehicle is a suitable person to drive, having regard to:

  • the safety of children and other vulnerable members of the community
  • the personal safety of passengers, their property and the public
  • the reputation of public passenger transport
  • conducting themselves responsibly with passengers and the public.

When assessing the suitability of an applicant to be issued with driver authorisation or a person to retain driver authorisation, the Department of Transport and Main Roads considers criminal history offences and charges that constitute a driver disqualifying offence.

Driver disqualifying offences relate to specific offences under the Criminal Code 1899, Drugs Misuse Act 1986, Weapons Act 1990, Transport Operations (Passenger Transport) Act 1994, Transport Operations (Passenger Transport) Regulation 2005 and offences against a law of another jurisdiction, including outside Australia, that substantially correspond to an offence under any of the above acts and regulations.

Driver disqualifying offences are classified into three types: category A, category B and category C—depending on the seriousness of the offences.

Category A driver disqualifying offence
If an applicant, or driver authority holder, is convicted of a category A driver disqualifying offence (for example, sexual offences against children and rape), then that person will never be able to hold driver authorisation.

The applicant or driver authority holder is not eligible to apply for a review or stay of this decision.

Category B driver disqualifying offence
The department will refuse to grant a driver authorisation to an applicant, or refuse to renew, or cancel the driver authority of a holder convicted of a category B driver disqualifying offence—unless the person demonstrates to the chief executive's satisfaction that an exceptional case exists.

Some examples of a category B driver disqualifying offence are murder, manslaughter, assault occasioning bodily harm, producing, trafficking and possessing a dangerous drug, and dangerous operation of a motor vehicle.

Category C driver disqualifying offence
If an applicant or driver authority holder is convicted of a category C driver disqualifying offence, the department will assess the suitability of the applicant or holder to be issued with, or retain, driver authorisation. When assessing the suitability of the person, the department will consider the seriousness and number of offences, when the offence/s went to court and the penalties imposed.

Some examples of category C driver disqualifying offences are stealing, fraud and possessing dangerous drugs.

For further information, refer to the information bulletin 'Driver Authorisation—Effect of a Driver Disqualifying Offence'.

National criminal history checks

A national criminal history check involves identifying and releasing relevant criminal history of a person to authorised parties. It is part of the approval process when applying for different industry licences, authorities and accreditations issued by the department to obtain employment or operate in certain occupations and industries.

CrimTrac brochure—National criminal history checks.

Last updated
20 September 2016