Offences and penalties for individuals under the blue card system
There are a range of penalties for not complying with the blue card system laws.
This page outlines the offences and penalties that may apply if you do not follow the requirements of the blue card system.
This page is for individuals—if you are an organisation, learn about penalties for organisations.
When an offence refers to a ‘working with children clearance’, it means a valid blue or exemption card.
From 1 July 2023, 1 penalty unit is $154.80.
Starting or continuing in regulated employment
A person must not start in regulated employment unless they have a current working with children clearance.
Maximum penalty: $77,400.00 (500 penalty units) or 5 years imprisonment
If you are a negative notice holder, or a disqualified person, you must not make an application for a working with children clearance.
Maximum penalty: $77,400.00 (500 penalty units) or 5 years imprisonment
If you have a current working with children clearance and are employed as a volunteer, you must notify us if you start in regulated employment or start a regulated business.
Maximum penalty: $1,548.00 (10 penalty units)
You must not apply for, start, or continue in regulated employment if you withdraw your consent to employment screening after you apply.
Maximum penalty: $15,480.00 (100 penalty units) or 1 year imprisonment.
Running a business
You must not carry on a regulated business without a current working with children clearance.
Maximum penalty: $77,400.00 (500 penalty units) or 5 years imprisonment
If a corporation is carrying on a regulated business, each executive officer of the corporation who primarily resides in Australia must have a current working with children clearance.
Maximum penalty: $77,400.00 (500 penalty units) or 5 years imprisonment
If you carry on a regulated business, you must develop a risk management strategy each year, as required by the Act.
Maximum penalty: $3,096.00 (20 penalty units)
A person carrying on a regulated business must immediately notify us of a change in their police information, using the approved form.
Maximum penalty: $15,480.00 (100 penalty units)
Changing employment, name or contact details
If your name or contact details change before your application is decided, you must notify us within 7 days of the change.
Maximum penalty: $1,548.00 (10 penalty units)
If you hold a current working with children clearance, you must notify us within 14 days after the relevant change if you either:
- change a name previously provided
- start to use a different name(s) to those previously provided
- change contact details previously provided.
Maximum penalty: $1,548.00 (10 penalty units)
If you have applied to have your negative notice cancelled, you must notify us within 14 days after the relevant change if you either:
- change a name previously provided
- start to use a different name(s) to the one previously provided
- change contact details previously provided.
Maximum penalty: $1,548.00 (10 penalty units)
If you hold a working with children clearance and your card is not suspended, you must notify us within 14 days after the relevant change if you:
- end or change your employment
- stop carrying on a regulated business
- start another regulated business.
Maximum penalty: $1,548.00 (10 penalty units)
If a replacement working with children card is issued after you change your details, you must return the replaced card to us within 14 days.
Maximum penalty: $1,548.00 (10 penalty units)
You must notify us when you start working for a new organisation, so we can keep track of who works in each regulated place of work.
Maximum penalty: $1,548.00 (10 penalty units)
If you have a current working with children clearance, but are not currently employed in regulated employment or operating a regulated business, you must immediately notify us of any change in your police information using the approved form before starting or carrying on a regulated business.
Maximum penalty: $15,480.00 (100 penalty units)
Penalties about a change in police information
If you have a current blue card, you must immediately notify us of any change in your police information using the Change in police information notification form.
Maximum penalty: $15,480.00 (100 penalty units)
Serious or disqualifying offences
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:
- start, or continue in regulated employment
- start or continue to carry on a regulated business.
Maximum penalty: $77,400.00 (500 penalty units) or 5 years' imprisonment
If, after applying for a blue card, you are charged with a disqualifying offence, you must not either:
- apply for, start, or continue in regulated employment
- start or continue to carry on a regulated business.
Maximum penalty: $77,400.00 (500 penalty units) or 5 years' imprisonment
You must not apply for, start or continue in regulated employment—or start or continue to carry on a regulated business—if your working with children clearance has been suspended due to either:
- a conviction for a serious offence
- a charge for a disqualifying offence
- a temporary or interim order that you are the subject of.
Maximum penalty: $77,400.00 (500 penalty units) or 5 years' imprisonment
If a replacement working with children card is issued after you change your details, you must return the replaced card to us within 14 days.
Maximum penalty: $1,548.00 (10 penalty units)
Restricted person and restricted employment
You must not start or continue in restricted employment if you:
- have been issued a negative notice
- have a suspended blue card
- are a disqualified person
- have been charged with a disqualifying offence which has not been finalised
- are the subject of an adverse interstate Working with Children Check decision that is in effect.
The maximum penalty will be $77,400.00 (500 penalty units) or 5 years in prison.
Other penalties
You must not make false or misleading statements to a proposed employer or to us.
Maximum penalty: $15,480.00 (100 penalty units)
You must not give us a document known to be false or misleading.
Maximum penalty: $15,480.00 (100 penalty units)
If your current working with children card has been lost or stolen, you must apply for a replacement card within 14 days.
Maximum penalty: $1,548.00 (10 penalty units)
If you get your lost or stolen card back after applying for a replacement, you must return the replaced (i.e. the original) card to us within 14 days.
Maximum penalty: $1,548.00 (10 penalty units)
If your working with children clearance is cancelled and a negative notice is issued, you must immediately return your card to us.
Maximum penalty: $15,480.00(100 penalty units)
If your working with children clearance is suspended, you must return your card to us within 7 days.
Maximum penalty: $15,480.00 (100 penalty units)