Blue Card Services are part of the Department of Justice in Queensland. The function of Blue Card Services is to promote and protect the rights and interests and wellbeing of children and young people in Queensland through risk management strategies and screening individuals in particular employment or carrying on a particular business.
A working with children ‘Blue Card’ is required by most people who work or volunteer with children in Queensland. This proves the person has passed the government’s working with children check.
Some business owners or managers may also require a Blue Card for certain businesses that are licensed care services or regulated child related business, such as a childcare centre.
If you have any serious criminal history, or any criminal history relating to children, it is important that you first seek legal advice before making an application for a Blue Card.
If you have no criminal history and no other adverse information that could be known by Blue Card Services, your application will typically be approved within 14 to 28 days.
If you do have criminal history, or there is concerning information known to Blue Card Services, your application will take longer. Typically, Blue Card Services will give you a copy of the adverse information they have received about you and invite you to make submissions in support of your Blue Card application.
If you have no criminal history and Blue Card Services do not know any other adverse information about you, your application will be approved.
If Blue Card Services are aware of any adverse information that raises concern, for example, a criminal conviction, or an allegation made to police against you, Blue Card Services will typically give you a copy of the adverse information they know, and give you the opportunity to give your side of the story, or otherwise tell Blue Card Services why you are not a risk to children.
Even if you have history that concerns Blue Card Services, in many situations there are mitigating circumstances, such as counselling, remorse, or Blue Card Services not being given the full story.
If your application is rejected, you will be issued with a negative notice.
If you have received a negative notice, you may be able to apply to cancel it.
If you have recently received your negative notice, you may be able to appeal the decision – you have 28 days to lodge an appeal, although the time can be extended in limited circumstances.
If you are outside of the 28 days, but less than two years have passed since you received your negative notice, you may have the ability to apply to cancel the negative notice if the decision-maker based their decision on wrong or incomplete information, or if you were considered a ‘disqualified person’ but are no longer a disqualified person.
If more than 2 years have lapsed since you were issued a negative notice (or last applied to cancel your negative notice), then you can apply to cancel your negative notice.
When making an application for a negative notice to be cancelled, you should submit relevant evidence and legal submission about matters that you consider relevant to the making of the decision. This includes, but is not limited to, what changes in your circumstances since the negative notice was issued that demonstrate that you are not a risk to children and warrant the cancelling of the negative notice.
If you have any serious criminal history, or any criminal history relating to children, it is important that you first seek legal advice before making an application to cancel a negative notice or before appealing a decision to give you a negative notice.
A lawyer will be able to give you advice to determine whether you require a blue card, or if you are eligible to apply for one. However, the most important role that a lawyer can do for you is to put forward submissions and evidence in support of your:
A submission should address all the information provided to the applicant by the decision-maker. It may include details about:
An applicant may also choose to provide references in support of their submission or medical evidence.
An experienced administrative lawyer can determine what information to include and what information should not be included and ensure that you can navigate the Blue Card system. You should also be mindful of providing evidence or submissions that tend to incriminate you.
Some individuals are ineligible to apply for a Blue Card. They are referred to as disqualified persons. This typically occurs when a person has been convicted of certain criminal offences, usually related to children or another serious offence.
Some disqualified persons may be able to apply for an eligibility declaration, however, strict criteria apply.
A person may not always receive a negative notice when they become a disqualified person, and determining whether someone is a disqualified person requires an analysis of the person’s criminal history and circumstances. Criminal history is not restricted to offences committed in Queensland or Australia.
Most people will find it difficult to determine if they are a disqualified person or not. Despite that, it is a serious criminal offence for a disqualified person to submit a Blue Card application. It carries a maximum penalty of 500 penalty units (approximately $80,000) or 5 years imprisonment.
There are many disqualifying offences listed in the Blue Card legislation. Some disqualifying offences are obvious, typically involving some element of unlawful conduct with a child, but they also include serious crimes, such as murder or rape (regardless of whether a child was involved or not) and certain drug and domestic violence offences (also regardless of whether a child was involved or not).
If a person has been convicted of a disqualifying offence, regardless of how long ago the offence occurred, or what penalty was imposed, a person must not make an application for a Blue Card without first making an application to have an eligibility declaration issued and the declaration being made.
If you have any criminal history and would like to determine whether you are eligible for a Blue Card, or for an eligibility declaration, Gibbs Wright can assist you by providing advice, and if you are eligible to apply, supporting you through the Blue Card application process by putting together supporting evidence and submissions for Blue Card Services to take into account when assessing your application.
If your blue card application or renewal has been denied, we can help you prepare submissions at the first instance, help you appeal a decision to QCAT or assist you in preparing an application to cancel a negative notice.
Call us for a confidential discussion about your options.
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