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Blue card rights and obligations for individuals

Applicants and card holders have rights and obligations under the blue card system.

Your rights

We are committed to ensuring a fair application process. This means that, before we start to assess concerning information from the blue card check we will:

  • give you a copy of all the information we have received
  • give you a chance to tell your side of the story by making a submission
  • make sure you understand the process and how the information will be assessed
  • consider all information you provide before making a final decision.

You also have the right to:

  • withdraw your application while it is being processed
  • use your valid blue card for other child-related work
  • cancel your blue card.

If you are refused a blue card, you may be able to apply to the Queensland Civil and Administrative Tribunal (QCAT) to have our decision reviewed. Find out more about appealing a decision or read our Right to review fact sheet.

Your obligations

As an applicant or card holder, you have obligations. If you don't comply with these obligations, you could face penalties.

Changes to personal and employment information

As an applicant, you must let us know within 7 days if:

As a card holder, you must let us know:

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Changes to police information

As an applicant or card holder, you must immediately let us know if your police information changes by completing a change in police information notification.

A change in police information includes:

  • any charge or conviction for an offence (conviction means being found guilty by a court, or the acceptance of a plea of guilty by a court, regardless if a conviction is recorded and regardless of when and where it took place)
  • the existence of police investigative information relating to allegations of serious child-related sexual offences, even if no charges were laid
  • being the subject of an application for a disqualification order (i.e. an order that prohibits a person from holding or applying for a blue/exemption card)
  • being respondent to an application for offender prohibition order under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004
  • becoming subject to reporting obligations or a child protection offender prohibition order under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, or a disqualification order, or a sexual offender order.

We will notify employers of a change in police information when the change is considered relevant to child-related employment.

The maximum penalty for failing to report a change in your police information is 100 penalty units.

Suspension of blue card or exemption card

As an applicant or card holder with a suspended blue or exemption card, you must:

  • not apply for, start or continue child-related work
  • not start or continue a child-related business
  • return your card to us immediately unless already surrendered to the Queensland Police Service.

Once your charge is finalised, we will re-assess your eligibility to hold a blue card.

We will tell you and your employer, volunteer organisation or education provider whether your card is continued or cancelled.

Whilst your card is suspended, you are considered a restricted person.

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Cancellation of blue card or exemption card

As a card holder with a cancelled blue or exemption card, you must:

  • not apply for, start or continue child-related work
  • not start or continue a child-related business
  • return your card to us immediately.

If you have been issued with a negative notice, you are considered a restricted person.

Restricted person in restricted employment

There are situations that allow certain people to work or volunteer with children without a blue or exemption card in specific circumstances. These exemptions from holding a blue card do not apply to a restricted person.

You must not start or continue to work or volunteer in restricted employment.

If you currently work or volunteer in restricted employment, you must immediately stop or you will be breaking the law and can be prosecuted.

Restricted person

A restricted person is a person who either:

Restricted employment

Restricted employment refers to the situations or exemptions that allow a person to work with children without a blue card, such as if they are:

  • a parent volunteering
  • a volunteer who is under 18
  • paid or unpaid staff who work in regulated child-related employment for not more than 7 days in a calendar year
  • a person with disability who is employed at a place where the person also receives disability services or NDIS supports or services
  • a secondary school student on work experience who carries out disability related work under the direct supervision of a person who holds a blue or exemption card.

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