To help ensure the safety of children and young people in Queensland, the blue card system stops certain people from holding or applying for a blue card such as people convicted of disqualifying offences or current negative notice holders.
This page provides information about serious offences, including what happens if you are charged or convicted of one.
What is a serious offence
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 a 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 offence 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
or
at the time it was committed, an offence of a kind mentioned in the list of serious offences.
What happens when you are charged with a serious offence
If your application is being processed and you are charged with a serious offence, we will immediately withdraw your application.
You cannot apply again until the charge has been finalised in court. When the charge has been finalised, you will need to submit a new application.
If you already have a blue or exemption card and are charged with a serious offence, we will immediately suspend your card and you cannot continue to work or volunteer with children. We will not reassess your eligibility to hold a blue card until the charge has been finalised in court.
While your card is suspended you are considered a restricted person.
Once the charge has been finalised, we will conduct another blue card check and reassess the information to check whether you are eligible to work or volunteer with children.
To support your application, we will ask you to make a submission. If your application is approved we will give you a blue or exemption card. If your application is refused, we will not give you a blue or exemption card and you will not be able to work or volunteer with children.
What happens when you are convicted of a serious offence
If you have been convicted of a serious offence, you can still apply for a blue card.
When we receive your application, we will conduct the blue card check and assess any information to decide whether you are eligible to work or volunteer with children.
To support your application, we will ask you to make a submission. If your application is approved, we will give you a blue card. If your application is refused, we will not give you a blue card and you will not be able to work or volunteer with children.
If you are convicted of a serious offence, you must stop regulated work until a further working with children clearance is issued. This means that in the meantime you must not:
apply for, start, or continue in child-related work (paid or voluntary)
carry on a child-related business regulated by the blue card system.
If you do either of these things, you will be committing an offence and may receive a penalty.
How to make a submission
If we receive information from your blue card check that suggests we should not issue a blue or exemption card, we will ask you to make a submission. The submission gives you a chance to tell us about your police or disciplinary information and tell your side of the story.
Your submission should show us how your behaviour has changed since the offending happened. You can include written references from employers, colleagues or health professionals who know about your past, or other relevant material. Read the How to make a submission fact sheet.
If you need help with your submission, you can contact us for more information. You can also ask to speak with someone from your mob—our Aboriginal and Torres Strait Islander community engagement officers are here to help you.
If you need independent legal advice, you may choose to contact organisations such as:
If you do not provide a submission, we will either withdraw your application or refuse to issue you a blue or exemption card. If this happens, you will not be able to work with children.
We will assess all the information we have before making a final decision.
List of serious offences
This list of serious offences is sorted by the Act they fall under:
Classification of Computer Games and Images Act 1995
Section 12 Sale etc of prohibited publication—Only if an offender was or could have been liable as mentioned in s12, penalty, paragraph (c)
Section 13 Possession of prohibited publication—Only if an offender was or could have been liable as mentioned in s13, penalty, paragraph (c)
Section 14 Possession of child abuse publication
Section 15 Exhibition or display of prohibited publication—Only if an offender was or could have been liable as mentioned in s15, penalty, paragraph (c)
Section 16 Leaving prohibited publication in or on public place—Only if an offender was or could have been liable as mentioned in s16, penalty, paragraph (c)
Section 17(1) Producing prohibited publication—Only if an offender was or could have been liable as mentioned in s17(1), penalty, paragraph (c)
Section 17(2) Producing prohibited publication—Only if an offender was or could have been liable as mentioned in s17(2), penalty, paragraph (c)
Sections 17(3) and (4) Producing prohibited publication
Section 18 Procurement of minor for RC publication
Section 20 Leaving prohibited publication in or on private premises
Section 210 Indecent treatment of children under 16
Section 211 Bestiality
Section 213 Owner etc permitting abuse of children on premises
Section 215 Carnal knowledge with or of children under 16
Section 216 Abuse of persons with an impairment of the mind
Section 217 Procuring young person etc for carnal knowledge
Section 218 Procuring sexual acts by coercion etc—If the offence was committed against a child
Section 218A Using internet etc to procure children under 16
Section 218B Grooming children under 16
Section 219 Taking child for immoral purposes
Section 221 Conspiracy to defile—If the offence was committed against a child
Section 222 Incest—If the offence was committed against a child
Section 228 Obscene publications and exhibitions—Only if an offender was or could have been liable as mentioned in s228(2) or (3)
Section 228A Involving child in making child exploitation material
Section 228B Making child exploitation material
Section 228C Distributing child exploitation material
Section 228D Possessing child exploitation material
Section 228DA Administering child exploitation material website
Section 228DB Encouraging use of child exploitation material website
Section 228DC Distributing information about avoiding detection
Section 229B Maintaining a sexual relationship with a child
Section 229G Procuring engagement in prostitution—Only if an offender was or could have been liable as mentioned in s229G(2)
Section 229H Knowingly participating in provision of prostitution—Only if an offender was or could have been liable as mentioned in section 229H(2)
Section 229I Persons found in places reasonably suspected of being used for prostitution etc—Only if an offender was or could have been liable as mentioned in s229I(2)
Section 229L Permitting young person etc. to be at place used for prostitution
Section 300 Unlawful homicide—Only if the unlawful killing is murder under section 302
Section 306 Attempt to murder
Section 309 Conspiring to murder
Section 315A Choking, suffocation or strangulation in a domestic setting
Section 320A Torture—If the offence was committed against a child
Section 349 Rape
Section 350 Attempt to commit rape
Section 351 Assault with intent to commit rape
Section 352 Sexual assaults—If the offence was committed against a child
Section 354 Kidnapping—If the offence was committed against a child and the context in which the offence was committed was not familial
Section 354A Kidnapping for ransom—If the offence was committed against a child
Section 363 Child stealing—If the context in which the offence was committed was not familial
Section 363A Abduction of a child under 16—If the context in which the offence was committed was not familial
