If you are seeking to work or volunteer in child-related employment or operate a child-related business in Queensland. You will be required to be the holder of a blue card. Jones + Associates can advise you on this process.
All children have the right to be safe and protected from harm when receiving services and participating in activities which are essential to their development and well-being.
When considering your application blue card services will look at:
- a charge or conviction for any offence in Australia, even if no conviction was recorded (this includes spent convictions, pending and non-conviction charges);
- child protection prohibition orders;
- disciplinary information from particular organisations e.g. Teachers Board etc; and
- police reports into child sex offences.
Serious Offences
If you have made an application for a blue card and you are charged with a “serious offence”, your application will be immediately withdrawn.
You cannot apply again until the charge has been finalised in court. When the charge has been finalised, you will need to submit a new application.
If you are convicted of a serious offence, you are still eligible to apply for a blue card. It is likely you will be invited to provide a submission in support of your application.
You should note that you are unable to work or volunteer with children while the application is considered.
A list of serious offences can be found under the Working with Children (Risk Management and Screening) Act 2000.
Disqualifying Offences
If you are charged with a “disqualifying offence” then you are not eligible for a Blue Card.
There is presently the ability to progress an application once convicted.
If you are a disqualified person and you sign a blue card application, you may be at risk of receiving a penalty.
A list of disqualifying offences can be found under the Working with Children (Risk Management and Screening) Act 2000.
Appeals
If Blue Card Services issue you a negative notice you may have grounds to have a review of the decision in the Queensland Civil and Administrative Tribunal (‘QCAT’).
Your review will need to file an application for review within 28 days of receiving your decision from Blue Card Services.
Blue Card Services take a very cautious approach to applications for positive notices and QCAT often take a view of whether the matter is exceptional.
How We Can Assist
If you need assistance or are unsure of where you stand with your blue card application, Jones + Associates can review your material and advise you on the prospects of a successful application.
Our Brisbane criminal lawyers can also seek to assist you in drafting a submission on your behalf, or appearing on your for you in the Queensland Civil and Administrative Tribunal (‘QCAT’).