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.

The Commission receives a daily update from the Queensland Police Service of blue card holders (or those with an application in progress).

What must I do if I have a change in my police information?

If you are in regulated employment

If you have a current blue card or an application in progress and your police information has changed, you must immediately notify your employer (existing or prospective), volunteer organisation or education provider. You don’t have to tell them what the change is, only that a change has occurred. Failure to immediately notify your employer /volunteer organisation/education provider (if applicable) of the change is an offence, and you may be subject to a penalty if you do not do so.

Once you notify your employer /volunteer organisation/education provider (if applicable) of the change in your police information, they must not continue to employ you without lodging the ‘Notification - change in police information form’ with the Commission. You need to complete Part A and Part D and have your employer /volunteer organisation/education provider (if applicable) complete Part B of the form. Failure to comply with this requirement is an offence, and they may be subject to a penalty.

If you are carrying on a regulated business

If you operate a regulated business and have had a change in police information, you must immediately complete Part A, Part C and Part D of a ‘ Notification - change in police information form ’ and submit it to the Commission. Failure to submit this form to the Commission is an offence and you may be subject to a penalty.

View full list of penalties and offences

What happens if I have lodged a blue card 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 holding a blue card.

What happens if I am a current blue card holder and I am charged with a disqualifying offence?

If you hold a current blue 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 blue card will be suspended 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 blue card and positive notice letter to the Commission in seven days or you may be subject to penalty.

Your eligibility to hold a blue card will only be re-assessed by the Commissioner when your charge is finalised.

Your blue card will remain suspended until the charge is finalised and a re-assessment is made by the Commission on your eligibility to hold a blue card, even if your blue 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 blue card is suspended. It does not extend to after a final assessment has been made of your blue card status.

You may choose to cancel your own blue card if you have been charged with a disqualifying offence. You will need to return your blue 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 your blue card.

Once the charge is finalised by the court, your blue card status will depend on the following:

If you are not convicted of the disqualifying offence

Your eligibility to continue holding a blue 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 blue card will be cancelled and a negative notice will be issued.

If the Commission proposes to cancel your blue card, you will be invited to make a submission providing further information about why you should continue to hold a blue 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 Children Services Tribunal .

If you are convicted of the offence but you are not sentenced to a term of imprisonment

Your eligibility to continue holding a blue card will be re-assessed by the Commission, taking into consideration the circumstances surrounding your change in police information.

If the Commission proposes to cancel your blue card, you will be invited to make a submission providing further information about why you should continue to hold a blue 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 appeal if you are issued with a negative notice.

However, if the Commission makes a decision to continue your positive notice and blue 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 blue card is continued. However, when your blue card expires and you wish to renew your blue card, you will be required to apply for an ‘eligibility declaration’ before lodging a new blue card 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 blue 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 blue card.

There is no right of appeal.

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 the Commission suspends a persons blue card, the blue card holder and the blue 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 blue card holder’s eligibility to hold a blue card is re-assessed, the suspended blue 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 blue card suspended. What should I do?

If an employee of yours has had their blue card suspended, they must immediately be removed from working in regulated child-related employment.

The employee must not 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.

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 blue card has been suspended. This applies for the period where the blue 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 blue card status.

While an employee is prohibited from engaging in regulated child-related activities while their blue 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 blue card.

What happens if a negative notice is issued?

A person has no right of appeal or review 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;
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.

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 Children Services 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 Children Services Tribunal overturns the Commissioner’s decision.

Applicants issued with a negative notice (other than those which have no right of appeal) may ask the Commissioner to review her decision after two years by completing the following form:

‘ Application to cancel a negative notice form ’

Last Updated: June 3, 2008