Children’s Blue Card Appeals Queensland

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 are some concerning information known to Blue Card Services, your application will take longer.

If Blue Card Services intend to take into consideration adverse information about you, generally, you will be entitled to receive a copy of the adverse material being considered and be given an opportunity to make submission and provide evidence in relation to the adverse material.

Once you have submitted your submissions, Blue Card Services will take further time to make a decision. This will usually be a further 28 days, but could be longer, particularly if Blue Card Services are conducting further investigations to confirm your submissions.

You should contact our administrative dispute lawyers if you:

• Have made an application to Blue Card Services, and have not received approval or a request for submissions within 28 days;
• You have received a request to make submissions in support of your Blue Card application;
• You have made submission in support of your Blue Card application and Blue Card Services have not made a decision or given you a reasonable update explaining the delay within 28 days.

Delays may occur in processing complicated applications, however, if the decision-maker at Blue Card Services has not reasonably progressed your application, or provided you with certain material, the administrative dispute lawyers can write to Blue Card Services on your behalf to request an update and to request that the decision-maker makes a decision, failing which, that court proceedings could be commenced against Blue Card Services.

The default position is you will receive a Blue Card if you have no criminal history and Blue Card Services do not know any other adverse information about you.

Blue Card Services may request more information about your circumstances if:

• You have been charged with an offence;
• You have been convicted of an offence;
• There is information known by Blue Card Services regarding an investigation about you, domestic violence, disciplinary action or adverse interstate working with children information; and
• Other relevant information in deciding whether it would be in the best interests of children for clearance to be issued.

Prior to Blue Card services rejecting your application, they will ask you to make submissions. It is preferable that you engage Gibbs Wright to assist you in making submissions to Blue Card Services, however, you may still have the option to appeal the decision.

If your application is rejected, you will be issued with a negative notice.

Note that a Blue Card application is not permitted to be made if you are a disqualified person or if you hold a negative notice.

If you have submitted a Blue Card application and you commit a serious offence or a disqualifying offence during the application process, Blue Card Services will withdraw your application.

See our other FAQ “I have a criminal history; can I still apply for a Blue Card?”

If you have had your Blue Card application rejected you will receive a negative notice. You may be able to apply to cancel your negative notice, provided that:

• You currently hold a negative notice;
• You are not a relevant disqualified person; and
• You are not subject of an adverse interstate working with children decision.

You will also need to satisfy one (or more) of the below requirements:

• The decision to issue you a negative notice was based on wrong or incomplete information;
• The negative notice was issued because you were a relevant disqualified person, but you are no longer a relevant disqualified person; or
• It has been more than 2-years since (the latter of):
• You receiving the negative notice; or
• You receiving a decision not to cancel your negative notice.

If you have recently received a negative notice, you may also be eligible to appeal Blue Card Services issuing you a negative notice in the first place.

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 warrant the cancelling of the negative notice.

Gibbs Wright can help you put together supporting evidence and submissions to assist the decision maker.

If your application to cancel a negative notice is unsuccessful, you can appeal it with QCAT within 28 days (or further period if the time is extended).

A negative notice will be issued when your Blue Card Application has been rejected or if you are no longer considered suitable to hold a Blue Card.

You can appeal a negative notice with the Queensland Civil and Administrative Tribunal (QCAT) within 28 days. QCAT can extend this period in some circumstances.

A disqualified person cannot appeal a negative notice being issued unless it is a case of mistaken identity. A disqualified person is someone who has been convicted of a disqualifying offence.

See our FAQ “Can I cancel a negative notice?”.

If your application is denied, you may have the right to appeal the decision.

Usually you have 28 days to appeal, but you may be able to seek an extension in some circumstances.

There are other avenues that an administrative dispute lawyer can assist you with, including determining whether you are eligible to cancel the negative notice issued to you, which would allow you to reapply for a Blue Card.

Contacting a legal professional such as Gibbs Wright Litigation Lawyers as soon as possible about appealing your Blue Card is your best next step. We will give you confidential advice.

Gibbs Wright may be able to assist you:

1. In making your Blue Card application in the first instance;
2. By responding to a request to provide submissions and evidence in support of your Blue Card application;
3. By appealing a negative notice;
4. By making an application to cancel a negative notice;
5. By making an application for an eligibility declaration; and
6. Trying to reduce the delay of processing your Blue Card application.

Blue Card Services prevent certain child offenders from being eligible for a Blue Card with no legal grey area. If you are ineligible, there may be nothing we can do to assist you. Individuals who have being imprisoned for child sexual abuse, grooming, child pornography offences, and other serious child related offences are likely to fall within this category. You may also be permanently ineligible if you have committed murder, rape or another serious offence (whether or not the offence involves a child).

Blue Card Services also take into consideration a wide variety of other matters, and that is where Gibbs Wright can make a difference. We can draft submissions on your behalf and help prepare the evidence you need.

Allegations can be made about individuals without any evidence, or without the full version of facts being described that may distort the seriousness of the allegation. Allegations made to police, in Family Court proceedings, domestic violence proceedings and more can cause Blue Card Services to request submissions from a person applying for a Blue Card.

Just because submissions are requested does not mean that Blue Card Services will reject an application.

Employing Gibbs Wright is not only a smart decision to assist you with your Blue Card application, but it is also a sensible one. Any evidence you provide Blue Card Services may be used against you in criminal proceedings, or in any decisions Blue Card Services make about you in the future.

In the 2022 to 2023 financial year:

• Blue Card Services received 309,428 applications for a Blue Card.
• Blue Card Services issued approximately 3,866 negative notices.
• The Queensland Civil and Administrative Tribunal received 193 applications relating to Blue Cards.

There are no known statistics on how many individuals were required to make submissions in support of their Blue Card application or how many applications are received each year to cancel a negative notice.

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, putting together supporting evidence and submissions for Blue Card Services to take into account when assessing your application.

You will be considered a relevant disqualified person if you:

• Have been convicted of a disqualifying offence where an imprisonment order (including a wholly suspended sentence) was made; or
• Are subject to offender reporting obligations, an offender prohibition order, a disqualification order, a sexual offender order, or you are the respondent to an application for an offender prohibition order (note: these obligations or orders usually relate to child offences and not other general offences).

If you are a relevant disqualified person, your rights are limited. You will not be entitled to apply for a Blue Card or an eligibility declaration while you are considered a relevant disqualified person.

Depending on your circumstances, you may be permanently considered a relevant disqualified person, or you may temporarily be considered a relevant disqualified person.

The administrative dispute lawyers at Gibbs Wright will be able to give you advice regarding whether you are eligible to apply for a Blue Card.

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.

The laws that determine if you need a Blue Card can be complicated. However, most people who work with children will need a Blue Card for their employment.

More specifically, individuals will need a Blue Card if they work in ‘regulated employment’ and meet the criteria set out for that type of employment (usually relating to working with children and sometimes working in a building with children). The categories of regulated employment include:

• Schools (other than teachers or parents)
• Other Queensland education or care services
• Private teaching, coaching or tutoring
• Education programs conducted outside of school
• Child care, nannies, babysitting etc.
• School crossing supervisors
• Sport and active recreation
• Churches, clubs and associations involving children
• Religious representatives
• Health, counselling and support services
• Disability work
• Residential facilities (child accommodation, usually when partly or fully funded by the government)
• Boarding schools
• Child accommodation (including home stays)
• Emergency services cadet program
• Care of children under the Child Protection Act 1999

Individuals will also need to obtain a Blue Card if they director, manager or other person that is concerned or takes part in the management of a ‘regulated business’. Regulated businesses are in the following industries (each having their own criteria):

• Health, counselling and support services
• Disability work
• Private teaching, coaching or tutoring
• Education and care services and similar businesses
• Child care services and similar businesses
• Educational programs conducted outside of school
• Religious representatives
• Child accommodation services including home stays
• Sport and active recreation
• Hostel for children other than residential facilities
• Businesses related to licenced care service under Child Protection Act 1999
• Non-state schools-directors of governing bodies and authorised persons

Each regulated employment and regulated business have their own criteria to determine whether someone requires a Blue Card or not.

Exceptions may apply in the following circumstances:

• You work with children for no more than 7 days per calendar year
• You are employed by the Queensland Police Service
• You are employed by the Department of Corrective Services
• You are a registered health practitioner
• You are a lawyer
• You are an ambulance officer
• You are a qualified teacher

Gibbs Wright can give you advice as to whether you are required to obtain a Blue Card, or if a potential employee will need to obtain a Blue Card.

You will need a Blue Card to be a nanny, babysit or work at a childcare if the usual functions of your employment include or are likely to include providing child care in the course of a commercial business.

An exemption may apply if you are employed for 7 day or less each calendar year.

Example 1: if you babysit for a neighbour for 3 days for money, and you do not do any other babysitting or nannying that calendar year, you would not be required to obtain a Blue Card because you have worked for 7 days or less in that employment.

Example 2: If you are a family member who is babysitting a relative each weekend at no cost, you would not be required to obtain a Blue Card because the babysitting is not part of a commercial business.

Example 3: You will require a Blue Card if you are a live in nanny or babysit other peoples children for money or as part of a business for more than 7 days each calendar year.

You will need a Blue Card to be an employee at a sport or active recreation business if the usual functions of your employment includes, or is likely to include, providing sport or active recreation services directly or mainly to children or conducting activities mainly involving children.

An exemption may apply if you are employed for 7 day or less each calendar year.

An exemption may also apply if you are a volunteer and a parent of a child to whom you are providing services to (for example, coaching your child’s soccer team).

It is important to seek guidance from a lawyer.

Yes, our team can assist with the renewal process, especially if there are complications or changes in circumstances since your last application.

We can assist you by making submissions and helping you put together evidence to support your application.