27Persons not entitled to apply for internal review or disqualification reassessment

#### 27 Persons not entitled to apply for internal review or disqualification reassessment 27 Persons not entitled to apply for internal review or disqualification reassessment > > (1) The following persons are not entitled to apply for an internal review or disqualification reassessment— > > > > > (a) if the offence was committed as an adult and the person satisfies subsection (2)—a person who has been convicted of any of the following offences— > > > > > > > (i) murder, > > > > > > > (ii) if the person against whom the offence was committed was a child—an offence against the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), section 61B, 61C, 61D, 61E, 61F, 61I, 61J, 61JA, 61K, 61KC, 61KD, 61KE, 61KF, 61L, 61M, 61N, 61O, 61P, 63, 65A, 66, 66F, 76, 78A, 78B, 80A, 80AD, 80D, 80E or 81, > > > > > > > (iii) if the person against whom the offence was committed was a child—the common law offence of rape, > > > > > > > (iv) an offence against the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), section 66A, 66B, 66C, 66D, 66DA, 66DB, 66DC, 66DD, 66DE, 66DF, 66EA, 66EB or 66EC, > > > > > > > (v) an offence against the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), section 67, 68, 71, 72, 72A, 73, 73A, 74 or 76A, > > > > > > > (vi) an offence against the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), section 78H, 78I, 78K, 78L, 78M, 78N, 78O or 78Q, > > > > > > > (vii) an offence against the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), section 91D, 91E or 91F, > > > > > > > (viii) an offence against the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), section 91G, 91H, 578B or 578C(2A), > > > > > > > (ix) an offence against the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), section 79 or 530, > > > > > > > (x) an offence against the [Criminal Code](http://www.legislation.gov.au/) of the Commonwealth, section 272.8, 272.10, if it relates to an underlying offence against section 272.8, or 272.11, > > > > > > > (xi) an offence against the [Criminal Code](http://www.legislation.gov.au/) of the Commonwealth, section 272.9, 272.10, if it relates to an underlying offence against section 272.9, 272.12, 272.13, 272.14 or 272.15, > > > > > > > (xii) an offence against any of the following provisions of the [Criminal Code](http://www.legislation.gov.au/) of the Commonwealth, if the offence relates to a Class 1 offence within the meaning of the [Child Protection (Offenders Registration) Act 2000](/view/html/inforce/current/act-2000-042)— > > > > > > > > > (A) section 272.18, > > > > > > > > > (B) section 272.19, > > > > > > > > > (C) section 272.20, > > > > > > > (xiii) an offence against the [Criminal Code](http://www.legislation.gov.au/) of the Commonwealth, section 273.5, 273.6, 273.7, 471.16, 471.17, 471.19, 471.20, 471.22, 471.24, 471.25, 474.19, 474.20, 474.22, 474.23, 474.24A, 474.25A, 474.25B, 474.26 or 474.27, > > > > > > > (xiv) an offence against the [Customs Act 1901](http://www.legislation.gov.au/) of the Commonwealth, section 233BAB involving items of child pornography or child abuse material, > > > > > > > (xv) an offence an element of which is an intention to commit an offence listed in subparagraphs (i)–(xiv), > > > > > > > (xvi) an offence of attempting, or of conspiracy or incitement, to commit an offence listed in subparagraphs (i)–(xiv), > > > > > > > (xvii) another offence prescribed by the regulations, > > > > > (b) a person who has been convicted of an offence committed as an adult under a law of another State or Territory, the Commonwealth or a foreign jurisdiction that, if committed in New South Wales, would constitute an offence referred to in paragraph (a) and the person satisfies subsection (2), > > > > > (c) a person whose application for a working with children check clearance has been refused, or whose working with children check clearance has been cancelled, wholly or partly on the grounds that proceedings have been commenced against the person for an offence specified in Schedule 2 and the proceedings have not been finally determined. > > > (2) A person convicted of an offence specified in subsection (1) satisfies this subsection if— > > > > > (a) the person received a sentence of full-time custody for the offence, or > > > > > (b) any of the following orders, including any equivalent orders made by a court of a jurisdiction other than this State, including jurisdictions outside Australia, was imposed on the person for the offence and the order is in force— > > > > > > > (i) any of the following orders under the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092)— > > > > > > > > > (A) a home detention order, > > > > > > > > > (B) an intensive correction order, > > > > > > > > > (C) a community correction order, > > > > > > > > > (D) a conditional release order, > > > > > > > > > (E) an order under section 12 before the repeal of the section, > > > > > > > (ii) a conditional release order or recognizance release order under the [Crimes Act 1914](http://www.legislation.gov.au/) of the Commonwealth, section 20, or > > > > > (c) a prohibition order under the [Child Protection (Offenders Prohibition Orders) Act 2004](/view/html/inforce/current/act-2004-046), or a corresponding prohibition order under that Act, section 19, is in force against the person. > > > (3) For subsection (1), a reference in that subsection to an offence against a provision that has been repealed is taken to mean an offence against the provision before its repeal. > > > (4) This section applies to convictions for offences whether occurring before, on or after the commencement of this Act. > > > (5) In this section— > > > > Criminal Code of the Commonwealth means the Code set out in the schedule to the [Criminal Code Act 1995](http://www.legislation.gov.au/) of the Commonwealth. > > **s 27:** Am 2013 No 31, Sch 1 \[4\]; 2013 No 95, Sch 2.23 \[2\]–\[4\]; 2016 No 56, Sch 1 \[9\]; 2018 No 14, Sch 1 \[16\]. Subst 2025 No 56, Sch 1\[10\].