In Queensland, the BLUE CARD system is a critical component of child protection, ensuring that individuals working with children undergo a thorough screening process.
The Blue Card, issued by Blue Card Services, is mandatory for anyone working or volunteering in child-related environments. However, there are instances where an application for a Blue Card may be refused, or an existing Blue Card may be suspended or cancelled.
Reasons For Refusing, Suspending, Or Cancelling Your Blue Card
The primary objective of the Blue Card system is to safeguard children from harm. Consequently, Blue Card Services conducts a rigorous assessment of an applicant’s criminal history, professional conduct, and other relevant information. Common REASONS FOR REFUSAL, suspension, or cancellation include:
CRIMINAL HISTORY
If an applicant has a CRIMINAL HISTORY, particularly involving offences against children, sexual offences, or violent crimes, their application is likely to be refused. Even charges that did not result in a conviction can be considered if they indicate a potential risk to children.
PROFESSIONAL MISCONDUCT
Instances of PROFESSIONAL MISCONDUCT, especially in roles involving children, can lead to refusal or cancellation. This includes disciplinary actions taken by professional bodies or previous employers.
SERIOUS OFFENCES
Certain SERIOUS OFFENCES automatically disqualify an individual from obtaining a Blue Card. These include, but are not limited to, murder, rape, and other serious sexual offences.
NEGATIVE NOTICES
If an individual has previously been issued a NEGATIVE NOTICE, which indicates that they are not eligible to hold a Blue Card, any subsequent applications are likely to be refused unless there has been a significant change in circumstances.
The Decision-Making Process
When Blue Card Services receives an application for a Blue Card, they undertake a comprehensive assessment process – sometimes referred to as the DECISION-MAKING PROCESS.
This process may involve a review of an applicant’s criminal history, a comprehensive risk assessment, and consultations with relevant bodies such as previous employers and other relevant organisations. Based on the information gathers, Blue Card Services will make a decision to either issue a Blue Card, issue a Negative Notice, or request further information from the applicant.
PREVIOUSLY DISQUALIFIED APPLICANTS
It is important to note that a disqualified person may still apply to Blue Card Services for an Eligibility Declaration in order to get a Blue Card. Until an Eligibility Declaration is obtained, a disqualified person cannot apply for a Blue Card. For an Eligibility Declaration to be issued, the disqualified person must meet strict criteria.
If you believe you may be a disqualified person and desire a Blue Card, you should contact experienced legal professionals to assist in this. Contact us today, to redeem your free initial consult with our team at Sambi Legal.
The Review Process
Individuals who have their Blue Card application refused or their existing Blue Card suspended or cancelled, are able to request a review of the decision by the Queensland Civil and Administrative Tribunal (more commonly referred to simply as ‘QCAT’). This must be done within 28 days of receiving the decision notice.
If you decide to seek a review of a decision to refuse, cancel, or suspend a Blue Card; there will be four steps to undertake:
STEP 1: Application for Review
The individual must lodge an APPLICATION FOR REVIEW with QCAT, outlining the grounds for the review and providing any supporting evidence.
STEP 2: Preliminary Hearing
QCAT may hold a PRELIMINARY HEARING to determine the scope of the review and any procedural matters.
STEP 3: Formal Hearing
A FORMAL HEARING is conducted where both the individual and Blue Card Services present their cases. This includes presenting evidence, calling witnesses, and making submissions.
STEP 4: Decision
QCAT will make a DECISION based on the evidence presented. They may confirm the original decision, set it aside, or vary it.
Navigating the Blue Card system can be complicated, and daunting. We recommend contacting a legal professional experienced in the area before lodging any application; in order to gain a stronger understanding of your circumstances, or to engage their assistance in preparing the application (or providing general assistance) as needed.
Contact our team at Sambi Legal today to redeem a free Initial Consult – just remember to mention this article!
