by Jones + AssociatesApplying for a Blue Card & Criminal Offences
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made an application for a blue card and you are charged with a “serious offence”, your application will be immediately withdrawn.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’).
by Jones + AssociatesHistorical Child Sex Abuse Charges
Historical Child Sex Abuse Charges in Queensland
Historical sexual matters became more prominent before the Courts as a result of the Royal Commission into Institutional Responses to Child Sexual Abuse in 2013.
The fallout from the inquiry was that persons felt more comfortable making complaints of historical sexual abuse, and those complaints were taken seriously by prosecuting authorities. Also, new legislation was introduced which required an adult who reasonably believed (or should reasonably believe) that a child is being or has been the victim of sexual abuse by another adult to report that to police.
The most prominent case from this inquiry was the matter of Cardinal George Pell.
Jones + Associates have represented a number of persons charged with these historical sexual abuse offences, and a common concern our clients share, particularly when first charged is “how do I prove these allegations false”.
An important part of our legal process is that the burden of proof is on the prosecution, and that burden requires proof beyond a reasonable doubt.
Whilst in a perfect world for our clients, an alibi for every allegation would be useful, considering the nature of these allegations, with non-specific timing, an alibi is often impossible to rely upon.
These types of charges can still be successfully defended without an alibi. There are several approaches which can be taken to trials to achieve a positive result, and our office has utilised a number of these to successfully defend clients against these types of allegations.
As was the case in the matter of George Pell, he was able to successfully defend those charges without necessarily relying upon an alibi to do so.
It is important for persons charged with these offences to understand that the burden is not on them to prove these types of allegations wrong, but upon the Crown to prove the allegations true beyond a reasonable doubt. If you are charged with an offence of this nature and need legal advice, don’t delay – contact Jones + Associates.
by Jones + AssociatesIs Your Phone Tapped? What You Must Know About Police Expanding Powers
In the last 10-20 years Police have unleashed an extremely effective yet seemingly invisible investigative tool in their “war on crime”. The device in question fits easily in your pocket and most of the population already possess one, if not more.
Mobile phones are being utilised with devastating effect by Police against unsuspecting targets simply by intercepting conversations and text messages. That went a step further in recent times with the FBI creating an encrypted trojan horse called ‘ANOM’ which allowed them to own and operate the network that alleged criminals were utilising.
Despite popular belief, the listening “devices” which enable Police to silently spy on people’s lives don’t even require to be planted in your phone. The technology used enables the Police to simply access the phone network and begin listening.
This investigative method erodes a person’s right to silence, records admissions without the proper and usual warnings from Police, and finally, is a substantial invasion of privacy.
Everything said or sent in a message is evidence, there need not be any other corroborating evidence except the “admissions” captured within conversation.
These so-called “admissions” are quite often made in conversations with friends, and are used in evidence despite whether the statements are actually true. The Police then make arrests because an “admission” to a crime or crimes is made, with the evidence being nothing more than a phone conversation between friends or relatives.
The ever increasing use of this tactic by Police has ensured countless people have been charged and convicted of crimes they may never have committed, simply because they made “admissions” on the phone.
Whilst most law-abiding members of the public won’t be particularly concerned by the use of this technology, it is important to note that Police listen to or see both sides of every phone call and every text message and photo. One doesn’t need to be the subject or “target” of the telephone intercept to be caught up in the investigation.
A simple joke or “banter” over the phone with the wrong person could now spell disaster for any member of the public, and it is only when this happens that this issue will be brought to the attention of the public – and by then it will be too late and have their privacy invaded.
Disturbingly, figures suggest that Australians are now nearly 20 times more likely to have their phones “tapped” than citizens in the Unites States.
Furthermore, new proposals would allow the widening of powers to use this method to investigate less serious crimes, leading to even more use of this methodology.
Should you have any questions or are concerned that you or those close to you might be subject to telephone intercepts, do not hesitate to contact the Brisbane Criminal Lawyers at Jones + Associates on our 24h number (07) 3229 3166.