Volunteers
An employer must not employ a volunteer who does not have a current positive notice(blue card).

Paid employees
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,

without applying for a positive notice (blue card) for the employee.

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for a positive notice (blue card) has been lodged, but the Commission has advised the employer that the employee has withdrawn the employee’s consent to employment screening, or

• the employer has been given notice of deemed withdrawal relating to the employee because the employee has been charged with a disqualifying offence; or

• the employer is aware that a current negative notice has been issued to the employee; or

• the employer has been given notice that an employee’s positive notice has been cancelled; or

• the employer has been given notice that an employee is a disqualified person and unable to perform work that is regulated employment; or

• 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.

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

Risk management strategy
An employer who employs people in regulated employment must develop each year a risk management strategy, as required by the Act.

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 ($750)

10 penalty units ($750)

10 penalty units ($750)

200 penalty units ($15,000) or 2 years imprisonment

200 penalty units ($15,000) or 2 years imprisonment

200 penalty units ($15,000) or 2 years imprisonment

200 penalty units ($15,000) or 2 years imprisonment

200 penalty units ($15,000) or 2 years imprisonment

200 penalty units ($15,000) or 2 years imprisonment

20 penalty units ($1,500)

10 penalty units ($750)

A person must not apply for, start or continue in, regulated employment:

• if they hold a current negative notice; or
  
  
• if, after applying for a blue card, they withdraw their consent to employment screening; or
  
  
• if, after applying for a blue card, they are charged with a disqualifying offence ; or
  
  
• 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
  
  
• if, after applying for a blue card, they are subject to a temporary offender prohibition order.

• 500 penalty units ($37,500)
  or 5 years imprisonment
  
  
• 100 penalty units ($7,500)
  or 1 yr imprisonment
  
  
• 500 penalty units ($37,500) or 5 years imprisonment
  
  
• 500 penalty units ($37,500) or 5 years imprisonment
  
  
  
• 500 penalty units ($37,500) or 5 years imprisonment

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 ($37,500)
or 5 yrs imprisonment

*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.

Risk management strategy
A person carrying on a regulated business must develop each year a risk management strategy, as required by the Act.

500 penalty units ($37500)
or 5 yrs imprisonment

500 penalty units ($37500)
or 5 yrs imprisonment

20 penalty units ($1500)

A volunteer or paid employee must immediately notify their employer, volunteer organisation or education provider of any change in their police information .

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.

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.

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.

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.

100 penalty units ($7,500)

100 penalty units ($7,500)

100 penalty units ($7,500)

100 penalty units ($7,500)

100 penalty units ($7,500)

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
  
• if, after applying for a blue card, they are charged with a disqualifying offence; or

• if their positive notice has been suspended due to a conviction for a serious offence of charge for a disqualifying offence.

View a list of serious and disqualifying offences.

500 penalty units ($37,500)
or 5 yrs imprisonment

500 penalty units ($37,500)
or 5 yrs imprisonment

500 penalty units ($37,500)
or 5 yrs imprisonment

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.

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

• starts to use a different name/s previously given to the Commissioner; or

• changes contact details previously given to the Commissioner

then they must give notice to the Commissioner within 14 days after there relevant change.

If the holder of a positive notice, who’s card is not suspended:

• ends or changes the person’s employment; or
  
• stops carrying on a regulated business or starts another regulated business,

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 ($750)

10 penalty units ($750)

10 penalty units ($750)

10 penalty units ($750)

10 penalty units ($750)

 
10 penalty units ($750)

10 penalty units ($750)

If the lost or stolen notice 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 ($750)

10 penalty units ($750)

If the Commission cancels a persons positive notice and issues a negative notice then their positive notice and blue card must immediately be returned to the Commissioner.

If the Commission suspends a persons positive notice then their positive notice and blue card must be returned to the Commissioner within 7 days.