Reconsideration of Eligibility for a Blue Card
This article will briefly discuss a blue card holder’s obligation to notify Blue Card Services of a change in police information and important things to consider should the person receive a letter from Blue Card Services advising them that their eligibility to hold a blue card is being reconsidered and inviting the person to provide Blue Card Services with submissions and any supporting materials.
This article is general in nature and should not be construed as legal advice. It is important that if you have received a letter from Blue Card Services requesting you to provide submissions and any supporting material that you seek independent legal advice as soon as possible as strict time limits to respond to Blue Card Services apply.
We offer a 20-minute obligation-free consultation. You can contact our firm on 07 5532 3133 to speak with one our litigation lawyers.
Who needs a Blue Card?
A ‘blue card’ is an essential requirement for certain regulated businesses, regulated employment and volunteer activities involving children.
Occupations and professions require a blue card (or an exemption to hold a blue card), such as support workers, teachers and police officers.
A blue card is therefore not only a requirement for a person to hold a particular occupation but also to earn a livelihood.
Blue Card Services of the Department of Justice and Attorney General are responsible for issuing and regulating blue cards.
Blue Card Services are governed by the Working with Children (Risk Management and Screening) Act 2000 (Qld) (the ‘Act’) and have various powers to issue, suspend or revoke an authorised blue card.
Rights and obligations
It is important that if you have a blue card that you are aware of your rights and obligations as a blue card holder. Failure to comply with your obligations as a blue card holder could incur serious penalties.
The Queensland Government provides an overview of a blue card holder’s rights and obligations which can be viewed on their website.
One of such obligations is the Obligation to notify Blue Card Services of a change in police information.
As a blue card holder, it is important to be aware of your obligations. In particular, a blue card holder should be aware of their immediate obligation to notify Blue Card Services about a change in police information using the approved form.
The approved form can be accessed and downloaded on the Queensland Government’s website.
What happens after Blue Card Services are notified?
Depending on the nature of the notification, Blue Card Services may send a letter to a person telling them that they are reconsidering the person’s eligibility to hold a blue card and:
- invite the person to provide a written or oral submissions (written submissions are always recommended) and any supporting material including character references;
- advise the person that if the person decides to not provide a submission the person may be issued with a negative notice, which means the person’s blue card will be cancelled;
- invite the person to apply to cancel their blue card.
If a person receives such a letter, their blue card is still in effect and remains valid until informed otherwise by Blue Card Services.
The importance of providing submissions to Blue Card Services
If you require a blue card to continue working in your chosen occupation or profession it is critical to not take this opportunity lightly because you are at risk of being issued with a negative notice which means that your blue card could be cancelled, and you will no longer be able to work in your chosen occupation or profession.
If a person is issued with a negative notice, there are two options:
- The person is prohibited from holding a blue card and must wait 2 years to then apply to blue card to remove the negative notice and re-instate their blue card; or
- The person can apply to the Queensland Civil and Administrative Tribunal (‘QCAT’) to review Blue Card Services’ decision within 28 days of the decision being made by Blue Card Services.
Why relying on QCAT to review the decision is not ideal?
While a person may apply to QCAT within 28 days of Blue Card Services decision to issue a negative notice is certainly an option, it is not ideal because:
- Once Blue Card Services issue a person with a negative notice that negative notice will remain in effect unless QCAT make a decision to set aside Blue Card’s decision, which usually means the person will not be able to work in their chosen occupation or profession and it could create issues with their employment and unnecessary financial pressure;
- It usually takes more than several months before QCAT reviews Blue Card’s decision to issue a person with a negative notice, and is usually a slow process that involves numerous steps before QCAT will decide the matter;
- A person can act for themselves in this review, however they will usually not have the legal understanding and based on published QCAT decisions relating to a review of a blue card are often unsuccessful since they do not have a proper understanding of what they are doing;
- If a person decides to engage a solicitor to assist with seeking a review in QCAT, their legal fees will often substantially increase compared to engaging a solicitor to assist them with preparing written submissions and any supporting materials.
Why you should engage a solicitor
In our experience, Blue Card Services are one of the toughest regulatory bodies.
Blue card holders who find themselves in this position often underestimate and do not fully appreciate the legal arguments and level of detail and supporting material involved to give them the best possible chance at retaining their blue card.
As stated at the start of this article, the Act governs Blue Card Services. In addition, there are also legal principles and case law which could enhance a person’s legal position.
It is often the case that holders of a blue card do not adequately address the legal aspects of their matter which may otherwise improve their chances at retaining their blue card.
This is a common pitfall and usually leads to holders being issued with a negative notice when in a lot of cases they otherwise wouldn’t be.
Another common pitfall is that blue card holders may not provide proper character references or other supporting materials which also usually leads to holders being issued with a negative notice.
Solicitors experienced in this area can assist clients with providing comprehensive and fulsome submissions together with relevant legal arguments and supporting materials which often greatly enhances their chances at retaining a blue card.
Next steps
It is critical that if you are blue card holder who receives a letter from Blue Card Services advising that your blue card eligibility is being reconsidered to seek independent legal advice as soon as possible.
At Potts Lawyers, we have a team of experienced civil litigation lawyers who can advise you and liaise with the police regarding your matter.
Enquire today on (07) 3221 4999 for Brisbane, or (07) 5532 3133 for the Gold Coast.