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Who is disqualified from applying for a blue card?

To ensure the safety of children and young people in Queensland, the blue card system disqualifies certain people from applying for a blue card.

Who is a disqualified person?

The Commission’s Act states that a person is disqualified if they:

• have been convicted of a disqualifying offence. This may include having sex with a child (irrespective of the type of relationship e.g. teenage boyfriend/girlfriend, unlawful carnal knowledge) or other child-related sex or pornography offences or the murder of a child (irrespective of the penalty and regardless of when and where it occurred), or
• are the subject of:
  • reporting obligations under the Child Protection (Offender Reporting) Act 2004, or
  • an offender prohibition order under the Child Protection (Offender Prohibition Order) Act 2008, or
  • a disqualification order issued by a court prohibiting them from applying for or holding a blue card, or
  • a sexual offender order under the Dangerous Prisoners (Sexual Offenders) Act 2003.

Please click here for a full list of disqualifying offences.

A disqualified person must not...

• sign a blue card application, or
• make an application to run a regulated child-related business, or
• work in child-related employment or carry on a child-related business that is regulated by the Commission's Act.

The above offences may attract a penalty that could include imprisonment of up to five years and a fine of up to $55,000.

Can a disqualified person ever apply for or hold a blue card?

Who am I?	Can I apply for or hold a current blue card?
I have been convicted of a disqualifying offence and received an imprisonment order... (Including suspended sentences)	A person who has been convicted of a disqualifying offence and received an imprisonment order is a 'relevant disqualified person' for the purposes of the Commission's Act. A relevant disqualified person can not, under any circumstances, apply for or hold a blue card and there is no right of review.
I have been convicted of a disqualifying offence but did not receive an imprisonment order...	A disqualified person may apply to the Commission for an 'eligibility declaration' which, if granted, would allow them to apply to the Commission for a blue card. Please click here for the relevant form.

What happens if I have already applied for or hold a current blue card and am charged or convicted of a disqualifying offence?

Who am I?	What happens now?
I have a current application or blue card and have been convicted of a disqualifying offence and received an imprisonment order...	If you are convicted of a disqualifying offence: the Commission will withdraw your blue card application if it is still in the process of being assessed, or the Commission will cancel your blue card, and issue you with a negative notice.   This decision can not be reviewed and you are prohibited from working in regulated child-related employment or applying for a blue card.
I have a current application or blue card and have been convicted of a disqualifying offence but did not receive an imprisonment order ...	If you are convicted of a disqualifying offence: the Commission will withdraw your blue card application if it is still in the process of being assessed, or the Commission may cancel your blue card, and issue you with a negative notice. This decision can not be reviewed and you are prohibited from working in regulated child-related employment or applying for a blue card. A disqualified person can apply to the Commission for an 'eligibility declaration' which, if granted, would allow them to apply to the Commission for a blue card. Please click here for the relevant form.
I have a current application or blue card and have been charged with a disqualifying offence...	The Commission constantly monitors the police information of card holders and applicants. If you are charged with a disqualifying offence or become subject to a prohibition order or reporting obligations as outlined above, the Commission will: withdraw your blue card application if it is still in the process of being assessed, or suspend your blue card and notify any authorised contact people of the suspension. You will receive notification from the Commission that this has happened and if you have been issued with a positive notice and blue card, you must return these to the Commission within seven days or you may be subject to a $11,000 fine.
I have a current blue card which has been suspended by the Commission...	If your blue card is suspended: you must not apply for, start or continue working in regulated child-related employment until your eligibility has been reassessed. Once the charge for the disqualifying offence is finalised or the temporary prohibition order or reporting requirements expire, your eligibility will be reassessed. You can request the cancellation of your blue card if you do not wish to have your eligibility reassessed. Please click here for the relevant form.

 

Last updated: 26 October, 2012

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