Applying for a Blue Card with a Criminal Conviction.

A blue card is required if you want to work or volunteer with Children in Queensland. The regime is administered by Blue Card Services and considers more than a police check. They will look at:

  1. a charge or conviction for any offence in Australia, even if no conviction was recorded (this includes spent convictions, pending and non-conviction charges);
  2. child protection prohibition orders;
  3. disciplinary information from particular organisations e.g. Teachers Board etc; and
  4. police reports into child sex offences;

Serious Offence

Charged

If you are convicted of a ‘serious offence’ you can only hold a Blue Card in exceptional circumstances.

Convicted

If you are convicted of a ‘serious offence‘, you are able to apply for a blue card. However, you are unable to work or volunteer with children while the application is considered. You will be asked to provide a submission and it will be considered before a decision is made.

Serious Offences are listed in the Working with Children (Risk Management and Screening) Act 2000. They can be found here: Serious Offences.

Disqualified Person

If you are charged with a disqualifying offence then you are not eligible for a Blue Card. There is presently no capacity to progress an Application once convicted, regardless of the circumstances.

Disqualifying Offences are listed in the Working with Children (Risk Management and Screening) Act 2000. They can be found here: Disqualifying Offences

Change in Criminal History

Police will notify Blue Card Services of changes to police information if you:

  • are charged with or convicted of an offence
  • become a respondent or subject to an application for a child protection prohibition order or disqualification order
  • become subject to reporting obligations under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004
  • become subject to reporting obligations under the Dangerous Prisoners (Sexual Offenders) Act 2003.

If your police information changes you are required to notify Blue Card Services.

Penalties

Starting, or continuing regulated employment while the holder of a current negative notice.

Maximum penalty: $66,725 (500 penalty units) or 5 years imprisonment

Starting, or continuing regulated employment if you withdraw your consent to employment screening after you apply.

Maximum penalty: $13,345 (100 penalty units) or 1 year imprisonment

Starting, or continuing regulated employment if you are charged with a  disqualifying offence after you apply for a blue card.

Maximum penalty: $66,725 (500 penalty units) or 5 years imprisonment

Starting, or continuing regulated employment if—after you apply for a blue card—you are named as the respondent in an application for an offender prohibition order and the proceeding for the order has not ended.

Maximum penalty: $66,725 (500 penalty units) or 5 years imprisonment

Starting, or continuing regulated employment if you are subject to a temporary offender prohibition order, or an interim sexual offender order, after applying for a blue card.

Maximum penalty: $66,725 (500 penalty units) or 5 years imprisonment

If you are a disqualified person, and you:

  • sign an application for a blue card
  • apply to carry on a regulated business, or continue carrying on a regulated business
  • apply for, or start, or continue in regulated employment.

Maximum penalty: $66,725 (500 penalty units) or 5 years imprisonment

Disclaimer

This website contains general information about legal matters.  The information is not advice, and should not be treated as such.  You must not rely on the information on this website as an alternative to legal advice from your lawyer or other professional legal services provider.  You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.

For specific legal advice you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.

Liability limited by a scheme approved under professional standards legislation.

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