Disqualified persons
If you are a disqualified person, you cannot hold a blue card.
If you apply for a blue card, we must refuse your application and give you a negative notice.
This page explains:
- who is a disqualified person
- what a disqualifying offence is
- what happens if you are charged with or convicted of a disqualifying offence.
These rules apply under the Working with Children Check Act 2000 (the Act).
Who is a disqualified person
You are a disqualified person if:
- you have a conviction for a disqualifying offence committed as an adult
- you have offender reporting obligations
- you are subject to
- an offender prohibition order
- an offender prohibition disqualification order under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004
- you are the respondent to an application for an offender prohibition order under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004
- a court has made a disqualification order under section 357 of the Act that stops you from applying for or holding a blue card
- you are subject to a sexual offender order under the Dangerous Prisoners (Sexual Offenders) Act 2003.
What is a disqualifying offence?
Disqualifying offences under Queensland or Australian laws are listed in Schedule 4 or Schedule 5 of the Act.
Similar offences committed in another Australian states and are also disqualifying offences.
Some disqualifying offences are:
- murder or attempt to murder
- torture or cruelty to children
- sexual offences against children
- grooming children or procuring children for sexual acts
- child exploitation material or child abuse material offences.
Disqualifying offences also include:
- trying to commit a disqualifying office
- planning with others to commit a disqualifying offence
- encouraging or helping someone to commit a disqualifying offence.
What happens if you are a disqualified person?
If you are a disqualified person, you cannot:
- apply for or hold a blue card
- work or volunteer in restricted employment
- start or continue regulated child-related work
- run a regulated child-related business.
A disqualified person is a restricted person.
If you engage in regulated child-related work or restricted employment, you are committing an offence.
Serious penalties apply. These may include imprisonment.
What happens if you are charged with a disqualifying offence
If you are charged with a disqualifying offence and the charge has not been finalised, you become a restricted person.
If you are applying for a card
If you are an applicant and you were an adult when the offence allegedly happened, we must withdraw your application.
You can apply again when the charge is finalised.
If you already hold a card
If you hold a blue card or exemption card, we must suspend your card.
When the charge is finalised, you will become a disqualified person unless:
- you are not convicted, such as when the charge is dismissed, or you are found not guilty
- you were a child when the offence happened.
If you do not become a disqualified person, you can make a new application or apply to end your suspension.
The offence will be considered as part of the risk assessment process.
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