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Offences and penalties

Serious and disqualifying offences

The Commission must consider a person's police information when:

conducting an initial assessment of their eligibility to work with children, or
conducting a reassessment of a person's eligibility to work with children if there is a change in their police information.

Please click on the links below for information about:

serious offences, and
disqualifying offences.

For more information about the decision making process, please click here.

Obligations and penalties under the Commission's Act

There are a range of penalties for not complying with the Commission for Children and Young People and Child Guardian Act (2000) ('the Commission's Act).

The following table sets out offences under the Act and the penalties which apply.

OBLIGATIONS AND PENALTIES UNDER THE ACT	MAXIMUM PENALTY FROM 29 August 2012 (One penalty unit equals $110)
EMPLOYERS
An employer must not employ a volunteer unless the volunteer has a current positive notice and the employer has notified the commissioner that the employer is proposing to employ the employee.	50 penalty units ($5500)
An employer must not employ or continue to employ a paid or prospective paid employee if they work, or are likely to work, in regulated employment for at least: • eight consecutive days, or • once a week, each week, over four weeks, or • once a fortnight, each fortnight, over eight weeks, or • once a month, each month, over six months, unless the paid employee has a current positive notice and the employer has notified the commissioner that the employer is proposing to employ the employee or the employer has applied for a prescribed notice (blue card) for the employee.	50 penalty units ($5500)
An employer must not employ a person in regulated employment where:
an application for a positive notice (blue card) has been lodged, but the Commission has advised the employer that the employee has withdrawn the employee’s consent to employment screening, or	40 penalty units ($4400)
the employer has been given notice of deemed withdrawal relating to the employee because the employee has been charged with a disqualifying offence; or	200 penalty units ($22000) or 2 years imprisonment
the employer is aware that a current negative notice has been issued to the employee; or	200 penalty units ($22000) or 2 years imprisonment
the employer has been given notice that an employee’s positive notice has been cancelled; or	200 penalty units ($22000) or 2 years imprisonment
the employer has been given notice that an employee is a disqualified person and unable to perform work that is regulated employment; or	200 penalty units ($22000) or 2 years imprisonment
the employer has been given notice that due to a change in an employee’s police information, the employee is no longer able to perform work that is regulated employment.	200 penalty units ($22000) or 2 years imprisonment
An employer must not allow an employee to perform work that is regulated employment where:
the employer has been given notice that an employee’s positive notice (blue card) has been suspended	200 penalty units ($22000)
Risk management strategy An employer who employs people in regulated employment must develop each year a risk management strategy, as required by the Act.	20 penalty units ($2200)
Employee warning Prior to an employee signing a blue card application, an employer must warn the employee that it is an offence for a disqualified person to sign a blue card application.	10 penalty units ($1100)
EMPLOYEES
A person must not apply for, start or continue in, regulated employment:
if they hold a current negative notice; or	500 penalty units ($55000) or 5 years imprisonment
if, after applying for a blue card, they withdraw their consent to employment screening; or	100 penalty units ($11000) or 1 yr imprisonment
if, after applying for a blue card, they are charged with a disqualifying offence ; or	500 penalty units ($55000) or 5 years imprisonment
if, after applying for a blue card, they are named as the respondent in an application for an offender prohibition order and the proceeding for the offender prohibition order has not ended; or	500 penalty units ($55000) or 5 years imprisonment
if, after applying for a blue card, they are subject to a temporary offender prohibition order., or interim sexual offender order.	500 penalty units ($55000) or 5 years imprisonment
A person with a current blue card who is employed as a volunteer and either starts in paid regulated employment or starts a regulated business must notify the commissioner of the change in employment in the approved form and pay the prescribed fee.	10 penalty units ($1100)
DISQUALIFIED PERSONS
A disqualified person must not: sign an application; or make an application to carry on, or continue carrying on a regulated business; or apply for, or start or continue in, regulated employment.	500 penalty units ($55000) or 5 yrs imprisonment
REGULATED BUSINESSES
A person must not carry on a regulated business without a current positive notice (blue card)	500 penalty units ($55000) or 5 years imprisonment
Corporations If a corporation is carrying on a regulated business, each executive officer* of the corporation (whose principal place of residence is in Australia) must have a current positive notice (blue card) *An executive officer is any person, by whatever name called and whether or not the person is a director of the corporation, who is concerned or takes part, in the management of the corporation.	500 penalty units ($55000) or 5 years imprisonment
Risk management strategy A person carrying on a regulated business must develop each year a risk management strategy, as required by the Act.	20 penalty units ($2200)
CHANGE TO POLICE INFORMATION
A volunteer or paid employee must immediately notify their employer, volunteer organisation or education provider of any change in their police information .	100 penalty units ($11000)
A person with a current blue card, who is not currently employed in regulated employment, must tell their prospective new employer of any change in their police information since their current blue card was issued before starting regulated employment.	100 penalty units ($11000)
Upon disclosure of any change in an employee’s police information, the employer, volunteer organisation or education provider must not employ or continue to employ the person in regulated employment without notifying the Commissioner, in the approved form, of the change in the person’s police information.	100 penalty units ($11000)
A person carrying on a regulated business must immediately notify the Commissioner, in the approved form, of the change in the person’s police information	100 penalty units ($11000)
A person with a current blue card, who is not currently employed in regulated employment or operating a regulated business, must immediately notify the Commissioner, in the approved form, of any change in their police information before starting or carrying on a regulated business. Change in police information – application for review form	100 penalty units ($11000)
CONVICTION FOR A SERIOUS OFFENCE OR CHARGE FOR A DISQUALIFYING OFFENCE
A person must not apply for, start or continue in regulated employment, or start, or continue, to carry on a regulated business:
if convicted of a serious offence, until a further positive notice is issued; or	500 penalty units ($55000) or 5 years imprisonment
if, after applying for a blue card, they are charged with a disqualifying offence; or	500 penalty units ($55000) or 5 years imprisonment
if their positive notice has been suspended due to a conviction for a serious offence, a charge for a disqualifying offence, or a temporary or interim order to which they are subject.	500 penalty units ($55000) or 5 years imprisonment
View a list of serious and disqualifying offences.
CHANGE OF DETAILS
If an applicant’s name or contact details change before their application is decided, they must give notice to the Commissioner within 14 days of the change.	10 penalty units ($1100)
If the holder of a positive notice or the holder of a negative notice who has applied for its cancellation:
changes a name previously given to the Commissioner; or	10 penalty units ($1100)
starts to use a different name/s previously given to the Commissioner; or	10 penalty units ($1100)
changes contact details previously given to the Commissioner	10 penalty units ($1100)
then they must give notice to the Commissioner within 14 days after there relevant change.
If the holder of a positive notice, whose card is not suspended:
ends or changes the person’s employment; or	10 penalty units ($1100)
stops carrying on a regulated business or starts another regulated business,	10 penalty units ($1100)
then they must give notice to the Commissioner within 14 days after the relevant change.
If the Commissioner issues a replacement positive notice or blue card, the person must return the replaced notice or card to the Commissioner within 14 days.	10 penalty units ($1100)
OTHER
A person must not make false or misleading statements to a proposed employer or to the Commissioner.	100 penalty units ($11000) or 2 years imprisonment.
A person must not give to the Commissioner a document known to be false or misleading.	100 penalty units ($11000) or 2 years imprisonment
A person whose current positive notice or current blue card has been lost or stolen must apply for a replacement notice/card within 14 days.	10 penalty units ($1100)
If the lost or stolen notice or card is returned to, or otherwise recovered by the person after the application for a replacement notice or card is made, the person must return the replaced notice or card to the Commissioner within 14 days.	10 penalty units ($1100)
If the Commission cancels a person's positive notice and issues a negative notice then their positive notice and blue card must immediately be returned to the Commissioner.	100 penalty units ($11000)
If the Commission suspends a person's positive notice then their positive notice and blue card must be returned to the Commissioner within 7 days.	100 penalty units ($11000)

Last updated: 21 March, 2013

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Offences and penalties

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