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Change in police information
What is a change in police information?
A person’s police information changes if:
- an applicant is charged or convicted with an offence, whether or not a conviction is recorded;
- an applicant becomes a respondent to, or subject to, an application for a child protection prohibition order or disqualification order; or
- an applicant becomes subject to reporting obligations under the Child Protection (Offender Reporting) Act 2004 or the Dangerous Prisoners (Sexual Offenders) Act 2003.
The Commission receives a daily update from the Queensland Police Service on blue card or exemption card holders (or those with an application in progress).
What do I do if there is a change in my police information?
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I need to.. |
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A paid employee, volunteer or trainee student with a current blue card, exemption card or application |
Immediately notify your employer (existing or prospective), volunteer organisation or education provider that there has been a change by completing and lodging the 'Notification - change in police information' form. You do not need to provide details of the change, only that a change has occurred. Failure to notify is an offence and you may be subject to a penalty. You can not continue to work in regulated employment until this form has been lodged. |
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An employer or volunteer coordinator who has been advised of a change in police information for an applicant or card holder. |
Lodge the ‘Notification – change in police information’ form with the Commission. You must not continue to engage the person in any regulated activities until this form has been lodged with the Commission. Failure to lodge this form to the Commission and comply with these requirements is an offence and you may be subject to a penalty.
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A person carrying on a regulated business with a current blue card, exemption card or application. |
Immediately complete the ‘Notification - change in police information form’ and lodge it with the Commission. Failure to lodge this form to the Commission is an offence and you may be subject to a penalty. |
What happens if I have lodged an application and I have a change in my police information before a decision is made by the Commission?
You must ensure that you comply with the requirements above for a change in police information by informing your employer (or volunteer organisation or education provider) (if applicable) and lodging a ‘Notification - change in police information form’ with the Commission .
If you are charged with an offence other than a serious or disqualifying offence, the Commission will continue to assess your application, taking into consideration the change in your police information.
If you are charged with a disqualifying offence, you are deemed to have withdrawn your consent for screening and the Commission will not continue processing your application. A withdrawal notice will then be issued to you and your employer/volunteer organisation/education provider (if applicable).
Once the charge has been finalised in court, if you are not convicted of the disqualifying offence you may re-apply. However, if you are convicted of a disqualifying offence but not sentenced to a term of imprisonment, you are defined by the Commission’s Act as a ‘disqualified person’ and will need to apply to the Commission for an ‘eligibility declaration’ to declare that you are eligible to apply for a blue card.
If you are convicted of a disqualifying offence and sentenced to a term of imprisonment, you are defined by the Commission’s Act as a ‘relevant disqualified person’ and are prohibited from applying for a blue card.
What happens if I am a current card holder and I am charged with a disqualifying offence?
If you hold a current card and you are charged with a disqualifying offence, you must comply with the requirements above for a change in police information by informing your employer/volunteer organisation/education provider (if applicable) and lodging a ‘Notification - change in police information form’ with the Commission .
As you have been charged with a disqualifying offence, your card will be suspended and you cannot begin or continue working in regulated child-related employment or carrying on a regulated child-related business for the period of suspension. Your employer/volunteer organisation/education provider (if applicable) will be notified that your blue card has been suspended.
You must return your card and positive notice letter to the Commission in seven days or you may be subject to penalty.
Your eligibility to hold a card will only be re-assessed by the Commissioner when your charge is finalised.
Your card will remain suspended until the charge is finalised and a re-assessment is made by the Commission on your eligibility to hold a card, even if your card expires during that time.
The period of suspension does not prevent you from working in non-regulated employment, (ie. employment not covered by the Commission’s Act). However, this is a decision for your employer to make depending on the risk management strategies that are in place for such situations.
Your employer must not terminate your employment solely or mainly because your card has been suspended. However, this provision applies only for the period where the card is suspended. It does not extend to after a final assessment has been made of your card status.
You may choose to cancel your own card if you have been charged with a disqualifying offence. You will need to return your card and positive notice letter to the Commission, with a letter advising that you have been charged with a disqualifying offence and wish to cancel yourcard.
Once the charge is finalised by the court, and provided you have not sought to cancel your card earlier, your card status will depend on the following:
If you are not convicted of the disqualifying offence
Your eligibility to continue holding a card will be re-assessed by the Commission, taking into consideration the circumstances surrounding your change in police information.
Either you will be re-assessed as being eligible to continue working in child-related employment and both you and your employer/volunteer organisation/education provider (if applicable) will be notified that the suspension has been cancelled and your positive notice is continued or your positive notice and card will be cancelled and a negative notice will be issued.
If the Commission proposes to issue you with a negative notice, you will be invited to make a submission providing further information about why you should continue to hold a card.
If the Commission does issue a negative notice, your employer/volunteer organisation/education provider (if applicable, will be notified that you have been issued with a negative notice and that you must not apply for, start or continue in regulated child-related activities.
You may appeal the decision to the Queensland Civil and Administrative Tribunal.
If you are convicted of the offence but you are not sentenced to a term of imprisonment
Your eligibility to continue holding a card will be re-assessed by the Commission, taking into consideration the circumstances surrounding your change in police information.
Either you will be re-assessed as being eligible to continue working in child-related employment and both you and your employer/volunteer organisation/education provider (if applicable) will be notified that the suspension has been cancelled and your positive notice is continued or your positive notice and card will be cancelled and a negative notice will be issued.
If the Commission proposes to issue you with a negative notice, you will be invited to make a submission providing further information about why you should continue to hold a card.
If the Commission does issue you with a negative notice, your employer/volunteer organisation/education provider (if applicable) will be notified that you have been issued with a negative notice and that you must not apply for, start or continue in regulated child-related activities.
There is no right of review under the Commission's Act if you are issued with a negative notice.
However, if the Commission makes a decision to continue your positive notice and card, both you and your employer/volunteer organisation/education provider (if applicable) will be notified that your suspension has been cancelled and your positive notice and card is continued. However, when your card expires and you wish to renew your card, you will be required to apply for an ‘eligibility declaration’ before lodging a new application.
If you are convicted of the offence and sentenced to a term of imprisonment
If you are convicted of a disqualifying offence and sentenced to a term of imprisonment, you are defined by the Commission’s Act as a ‘relevant disqualified person’. Your card will be cancelled and a negative notice will be issued to you. Your employer/volunteer organisation/education provider (if applicable) will also be notified of the cancellation of your card.
There is no right of review of this decision under the Commission's Act.
Who does the Commission notify that I have had a change in my police information?
If the Commissioner considers the change in your police information is relevant to your employment with children, your employer/volunteer organisation/education provider (if applicable) will be notified in writing that you are being re-assessed because of the change.
If this happens, the Commissioner must notify the employer/volunteer organisation/education provider (if applicable) whether you have been charged or convicted of an offence and whether it is a serious offence or a disqualifying offence. No further details are provided. If you are a person carrying on a regulated business, the Commission may notify peak governing bodies as authorised or required by law.
If the Commission suspends a person's card, the card holder and the card holder’s employer/volunteer organisation/education provider (if applicable) will be notified of the suspension. Once the charge is finalised in court and the suspended card holder’s eligibility to hold a card is re-assessed, the suspended card holder and their employer/volunteer organisation/education provider (if applicable) will be notified of the outcome of the re-assessment following a change in police information (ie. whether the suspended blue card holder’s positive notice is continued or the suspended positive notice is cancelled and a negative notice is issued).
I’m an employer/volunteer organisation/education provider and have been notified that an employee has had a change in police information. What do I need to do?
If an employee informs you they have had a change in their police information, you must ensure they complete the following form:
‘Notification - change in police information form’
You will need to complete Part B of the form and return it to the Commission. If an employee tells you they have had a change in their police information, you must not continue to employ them without lodging the ‘Notification - change in police information form’ with the Commission. Failure to do this is an offence and you may be subject to a penalty.
As an employer, you are legally responsible for managing risks in your service environment to ensure the safety and wellbeing of children and young people in your care.
You must have a child protection risk management strategy in place which considers and addresses any potential risks. This includes circumstances where you have been notified that an employee has had a change in their police information.
I’m an employer/volunteer organisation/education provider and have been notified that an employee has had their card suspended. What should I do?
The Commission for Children and Young People and Child Guardian Act 2000 states that an employer must not terminate a person’s employment solely or mainly because their card has been suspended. This applies for the period where the card is suspended. It does not extend to after the matter has been finalised in court and a final re-assessment has been made of the person’s card status.
While an employee is prohibited from engaging in regulated child-related activities while their card is suspended, they may engage in non-regulated activities in the organisation.
The organisation’s child protection risk management strategy should consider any potential risks in such circumstances. If the employee cannot be engaged in non-regulated employment, or identified risks cannot be managed, the organisation might place the employee on unpaid leave or stand them down until the matter is finalised by the court and a re-assessment made by the Commission of whether they should continue to hold a card.
If an employee of yours has had their card suspended, they must immediately be removed from working in regulated child-related employment and must not continue to work in regulated child-related employment for the entire period of the suspension.
Failure to comply is an offence and you may be subject to a penalty.
What happens if a negative notice is issued?
A person has no right of appeal or review under the Commission's Act if:
- they are issued with a negative notice for a conviction for a disqualifying offence where they were sentenced to a term of imprisonment;
- they have current reporting obligations under the Child Protection (Offender Reporting) Act 2004 or theDangerous Prisoners (Sexual Offenders) Act 2003.
- they are subject to a child protection offender prohibition order; or
- they are subject to a disqualification order made by a court.
This means the person is banned for life from holding or applying for a blue card or exemption card.
However, if an applicant is issued with a negative notice for any other kind of offence, they are notified of the decision and provided with a copy of the reasons why it was made. They then have the right to appeal against the decision by having it reviewed by the Queensland Civil and Administrative Tribunal. The Tribunal is administered by the Department of Justice and Attorney General.
A negative notice for any other kind of offence is valid indefinitely unless cancelled by the Commissioner or a review by the Queensland Civil and Administrative Tribunal overturns the Commissioner’s decision.
Applicants issued with a negative notice (other than those which have no right of review) may ask the Commissioner to review her decision after two years by completing the following form:
