Blue card risk assessments
The Working with Children Check Act 2000 (the Act) requires us to do a risk assessment if:
- the blue card check returns assessable information
or
- there is a change to your assessable information while you hold a card.
Assessable information includes a broad range of information and is more than a police check.
We must decide whether you pose a risk to the safety of children.
A risk assessment is not required if you are a disqualified person as we must give you a negative notice.
What information are we concerned about?
We will be concerned about your assessable information if it includes:
- serious or disqualifying offences, even if you were not guilty or discharged—this includes a range of offences of a sexual or violent nature, offences against children and concerning drug offences
- child-related offending and other conduct, including child protection or disciplinary information
- conduct which may put children at risk (e.g., offences involving threats, violence or weapons, drug use, stalking or harassment, indecent acts, arson and other dangerous conduct)
- recent or repeated offending, or escalating patterns
- domestic violence offences or orders, including domestic violence orders, police protection notices, or police protection directions.
- a negative notice in Queensland or an interstate adverse working with children decision on the National Reference System
- any other offences or conduct relevant to a person holding a working with children authority.
Just because you have information we are concerned about; it doesn’t mean we will refuse your application or cancel your card. However, we will need to find out more before deciding.
What is the process for a risk assessment?
- Gather information from other agencies.
- Ask you to make a submission about your assessable information.
- Consider whether you pose a risk to the safety of children.
- Make a decision and notify you of the outcome.
You can withdraw your application or cancel your card at any time before we make a decision.
If you withdraw or cancel:
- you cannot carry out child-related work regulated by the Act
- you will not get a negative notice
- an adverse outcome will not be recorded on the National Reference System
- you can reapply at any time.
During the risk assessment process, it is important that you keep your contact details up to date, so we can contact you when we need to. If we cannot contact you, we may withdraw your application or cancel your card.
We often get information from other agencies for our risk assessment, including the:
- Queensland Police Service and interstate police
- Office of the Director of Public Prosecutions
- Queensland College of Teachers
- Department of Education (including the Early Childhood Regulatory Authority)
- department concerned with Child Safety
We might request:
- the facts about a charge or conviction
- witness statements or a record of interview
- your traffic history
- the history of domestic violence orders made against you
- child protection information
- certain disciplinary information
In some cases, we might want to talk to you about your assessable information over the phone.
In other cases, we may need to write to you and ask you to provide submissions and supporting material.
If this happens, we will:
- give you the information we have gathered, and
- ask you to make a written submission—this is a chance to tell us about your side of the story and why your application should be approved.
You can give us:
- A personal submission—this is a statement from you about the assessable information and what has changed since.
- References—these may be from your family, friends, employers, colleagues, and health professionals. Referees can download and fill out a reference form.
- Supporting evidence—for example, certificates for courses you have undertaken.
You can:
- find out more about how to make a submission
- download and fill out a submission response form or use it as a guide
If you do not respond by the due date, we must withdraw your application. You can ask for more time, or ask to provide your submission over the phone, by contacting us before the due date.
The Act sets out the process we must follow when deciding whether you pose a risk to the safety of children.
In most cases, we must approve your application unless we decide that you pose a risk to the safety of children.
However, we must refuse your application unless we decide yours is an exceptional case in which you do not pose a risk to the safety of children if:
- you have been convicted of a serious offence (even if a conviction was not recorded), or
- you have been, but are no longer, a disqualified person.
The factors we must consider about your assessable information include:
- the nature, gravity and circumstances of the conduct
- how your conduct is relevant to engaging in regulated employment or the carrying on of a regulated business
- how long ago the conduct occurred
- if there was a victim—the victim’s vulnerability at the time of the conduct, the age difference between you and the victim, and your relationship to, or position of authority over, the victim at the time
- whether there is a pattern of concerning behaviour
- your conduct since the assessable information
- if you are an Aboriginal person or Torres Strait Islander person—the effect of systemic disadvantage and intergenerational trauma, and the historical context and limitations on access to justice
- any information given by you in, or in relation to, the application
- any other circumstances relevant to your conduct.
We also may have to consider whether a reasonable person would allow their child to have direct contact with you, whether supervised or unsupervised, while you are engaged in child-related work.
You can find more information about how we make our decision in the risk assessment guidelines.
We will either:
- approve your application and give you a card, or let you keep your card if we are reassessing it—you will have rights and obligations as a card holder
- refuse your application or cancel your card and give you a negative notice—we will also give you the reasons for our decision.
We must tell you and your linked organisations the outcome.
How long will the risk assessment take?
Processing times will vary. Most risk assessments for applications which return assessable information are finalised within 21 business days. If your assessable information is concerning, the risk assessment will take longer while we follow the process outlined above.
More information
- Risk assessment guidelines
- Fact sheet: How to make a submission
- Submission response form - Blue card application
- Submission response form - Exemption card application
- Submission response form - Application to cancel negative notice
- Reference to support a blue card application
- Journey map: Application with assessable information
- Journey map: Changes to assessable information