By Sally Crosswell, Journalist for Proctor, Queensland Law Society
Any adult who works or volunteers with children, or who runs a child-related business in Queensland, must hold a “blue card.” A blue card is a Positive Notice which proves the card-holder has passed the state’s Working with Children Check.
The system aims to protect children from harm by assessing and monitoring people who are involved in activities such as childcare, education and sport. The legislation which governs blue cards is the Working with Children (Risk Management and Screening) Act 2000 (Qld).
When is a blue card required?
Under the Act, there are sixteen categories of employment which require a blue card, and 12 categories of businesses. These include residential facilities, schools, childcare centres, churches, clubs, health services and disability services.
Penalties apply for blue card offences, which include running a regulated business without a blue card and employing someone who does not hold a required blue card. The maximum penalty for breaching the law is a fine of 500 penalty units ($80,650) or five years’ imprisonment.
How is a blue card application decided?
When determining a person’s eligibility, Blue Card Services will consider factors including:
• a charge or conviction for any offence in Australia (including spent convictions, pending and non-conviction charges).
• court orders.
• offender reporting obligations under the Child Protection (Offender Reporting) Act 2004 (Qld) and Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld).
• domestic violence information.
• investigations into allegations of serious child-related sex offences; and
• disciplinary action taken by certain organisations.
Who can’t apply for a blue card?
A person convicted of a “disqualifying offence” or “serious offence,” or who has been issued with a Negative Notice, is not eligible for a blue card. Disqualifying offences include child sex offences, murder, or other violent offending. Serious offences include child neglect and drug trafficking.
A Negative Notice is issued when a blue-card application is denied. It remains current until it is cancelled.
What if a blue card application is denied?
There are several options available if an initial application or renewal application is denied.
An applicant may be deemed an “exceptional case” if they have been convicted of, or charged with an offence which would otherwise prohibit them from holding a blue card. Factors related to the offence which must be considered by Blue Card Services include its seriousness, when it was committed, its nature and the penalty imposed.
Another option is to request a review of the decision by the Queensland Civil and Administrative Tribunal, within 28 days of being notified of the decision.
Learn more about Blue Card Services here.
