Blue cards are regulated by two pieces of legislation, Working with Children (Risk Management and Screening) Act 2000 and Working with Children (Risk Management and Screening) Regulation 2020.
Surf Life Saving Queensland (SLSQ) is bound by this legislation requiring paid staff and volunteers to obtain blue cards prior to commencement and continued participation in the organisation.
Policy
The MS06 SLSQ Blue Card Screening Policy – Members defines the positions within the organisation required to adhere to working with children check requirements.
National Reference System
Queensland participates in the Working with Children National Reference System to share information between jurisdictions of individuals who have been deemed ineligible to work with children in another participating state or territory. All applicants are searched in the National Reference System database to determine if another state or territory has made an adverse working with children decision.
The National Reference System (NRS) records adverse working with children check decisions in a national database made by another participating jurisdiction to be shared to indicate they are prohibited from working with children for another jurisdiction and avoid performing new checks. Should an application be submitted by a negative notice holder of another jurisdiction this application will be withdrawn in Queensland.
Through the NRS if a cardholder is suspended interstate, their Queensland working with children card will be suspended and will not be required to consider lifting the suspension until the interstate suspension ends. If a negative notice is issued in another jurisdiction while holding a Queensland authority, this will be cancelled with no right of review. If an interstate adverse decision is no longer in effect the applicant will be risk assessed by the chief executive (QLD Working with Children Authority-Blue Card Services).
Blue Card Check and Ongoing Monitoring
Blue Card Services carry out the blue card check on applications. This performs searches for:
- Charges or convictions of any offence in Australia, including spent convictions, pending and non-conviction charges)
- Child protection prohibition orders (includes both respondents and subjects to the application)
- Disqualification orders
- Reporting obligations under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 or Dangerous Prisoners (Sexual Offenders) Act 2003
- Disciplinary information from certain organisations (including teachers, childcare licensees and foster carers)
- Domestic violence information
- Police investigative information relating to allegations of serious child-related sexual offences, even if no charges were laid.
If Blue Card Services are considering refusing an application, they may request the applicant make a submission to provide further information about police or disciplinary information, before deciding. If an application is refused, a blue card will not be issued, and the individual will not be able to work or volunteer with children.
All blue card holders and applications are monitored daily by the Queensland Police Service. If there is a change to a person’s police information that Blue Card Services review as concerning the application will be withdrawn, or blue card or exemption card will be suspended or cancelled.
Change to police information
Applicants and card holders must immediately notify Blue Card Services of changes to their police information. A change to police information include:
- Any charge or conviction for an offence
- Existence of police investigative information relating to allegations of serious child-related sexual offences, even if no charges were laid
- Being the subject of an application for a disqualified order
- Being respondent to an application for offender prohibition order under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004
- Becoming subject to reporting obligations or a child protection offender prohibition order under the Child Protection Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , or a disqualification order, or a sexual offender order.
Blue Card Services will determine if this information effects the eligibility to hold a blue card and will notify the individual and organisation linked.
Minor infringements should not affect an individuals’ blue card eligibility. To clarify a specific situation, contact Blue Card Services
Offences and Restrictions
SLSQ is notified by BCS when an individual’s card is Cancelled, Suspended, Withdrawn, or issued with a Negative Notice. This is actioned promptly by notifying the Club President confidentially and suspending the member from duties in Surfguard.
Obligations and Penalties
Once issued with a blue card it is valid to the expiry date provided unless suspected or cancelled earlier by Blue Card Services.
A blue card or exemption card holder is required to notify Blue Card Services within 14 days if:
- No longer work with children
- Change of name, address or contact details
- Card is lost or stolen
- Begin working or volunteering with children in a new or additional organisation
- Change from volunteer to paid work with children
There are substantial penalties for personnel who are found offending under the Act. A full list is located in Offences and penalties for individuals under the blue card system
Disqualified Person
A disqualified person is someone charged or convicted with committing a disqualifying offence. All disqualifying offences are listed in the Working with Children (Risk Management and Screening) Act 2000.
A disqualified person is:
- Convicted of a disqualifying offence that include:
- having sex with a child (regardless of the type of relationship)
- other child-related sex or child sexual abuse material offences
- murder and other serious sexual or violent offences against an adult or child
- A reportable offender under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004
- The subject of an offender prohibition order under the Child Protection (Offender Prohibition Order) Act 2008
- Prohibited by a court to apply for or hold a blue card
- The subject of a sexual offender order under the Dangerous Prisoners (Sexual Offenders) Act 2003
If a person has been convicted of a disqualifying offence they must not apply for, start, or continue child-related work (paid or voluntary) or a child-related business regulated by the blue card system. Disqualified people are not able to apply for or hold a blue card. It is an offence to do these and may result in a penalty.
If a person did not receive an order of imprisonment, they can apply for an eligibility declaration by making a submission to Blue Card Services.
If the charge is finalised and the individual is not convicted of the offence, Blue Card Services will reassess the eligibility to hold a blue or exemption card.
Serious Offences
People charged or convicted of serious offences will have their blue card application withdrawn or suspended if they currently hold one.
All serious offences are listed in the Working with Children (Risk Management and Screening) Act 2000.
An offence is a ‘serious offence’ if:
- It is against a provision of an Act in the list of serious offences
- It is committed under chia law of another jurisdiction, but if it had been committed in Queensland would be considered a serious offence in the list of serious offences
- It is a class 1 offense or a class 2 offence under the Child Protection (Offender Reporting and Offender Prohibition Order) Act that is not otherwise a serious offence under this Act
- It is the counselling or procurement of the commission of an offence of a kind mentioned in the list of serious offences
- It is an attempt or plan to commit an offence of a kind detailed in the list of serious offences
- There is an intention to commit an offence of a kind mentioned in the list of serious offences
- At the time it was committed, an offence of a kind mentioned in the list of serious offences
If a person has been convicted of a serious offence they must not apply for, start, or continue child-related work (paid or voluntary) or a child-related business regulated by the blue card system. It is an offence to do these and may result in a penalty.
Suspended cards must be returned to Blue Card Services immediately.
While a card is suspended, the individual is a restricted person.
The individual may make a submission to Blue Card Services to review.
Negative Notice
A negative notice is issued when Blue Card Services assess the eligibility to hold a blue card based on an individual’s past police or disciplinary information. The individual may make a submission to Blue Card Services to review.
A person issued with a negative notice must not apply for, start, or continue child-related work (paid or voluntary) or a child-related business regulated by the blue card system. It is an offence to do these and may result in a penalty.
A negative notice holder can apply to cancel a negative notice two years after issued. This is not guaranteed to overturn the decision and negative notices do not have an expiry date, remaining current until they are cancelled. If the notice remains current the individual cannot apply to cancel for another 2 years.
If a negative notice is cancelled the individual may apply for a blue card.
Cancellation of blue or exemption card
A person’s blue card or exemption card may be cancelled if they are assessed as no longer eligible by Blue Card Services through the daily monitoring.
A person whose blue card or exemption card has been cancelled must not apply for, start, or continue child-related work (paid or voluntary) or a child-related business regulated by the blue card system.
Cancelled cards must be returned to Blue Card Services immediately.
If an individual has been issued a negative notice, they are a restricted person.
Restricted person
A restricted person cannot start or continue employment or volunteer work and cannot rely on any exemptions in restricted employment.
A restricted person is a person who are:
- Issued with a negative notice
- A suspended blue card
- A disqualified person
- Charged with a disqualifying offence that has not yet finalised, or
- Subject of an adverse interstate Working with Children Check decision in effect.
Restricted employment allows particular people to work with children without a blue card:
- A volunteer parent, so long as the parent is volunteering in a role that provides the same or similar service that their child receives at the club
- A volunteer who is under 18
- Paid or unpaid staff working in regulated child-related employment for not more than 7 days in a calendar year (one day is not determined by the number of hours worked that day).
Individuals cannot rely on exemptions as a restricted person.
Refer to Administration Operations Manual for applying for Blue Cards
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