The Commission for Children and Young People and Child Guardian is an independent statutory authority which promotes and protects the rights, interests and wellbeing of children and young people in Queensland.
The work of the Commission is regulated by the Commission for Children and Young People and Child Guardian Act, 2000. Under this Act employing bodies are required to screen persons who work with children or young people (up to age 18) as defined in the Act. The definition goes to the frequency of contact with young people. Screening occurs when people apply under the Working with Children Check, commonly referred to as a blue card.
New laws
From 2 June 2008 it will be an offence for a disqualified person to apply for a blue card. Penalties of up to five years imprisonment or a fine of up to $37,500 may apply. This offence is included as a declaration on the latest blue card application form.
A complete list of disqualifying offences and relevant penalties for non-compliance under the Commission’s Act is published on the Commission for Children and Young People and Child Guardian website or call the Blue Card Contact Centre on 1800 113 611 or 3247 5145.
Which QUT staff must obtain a blue card?
QUT staff who must obtain a blue card fall into 2 categories:
staff employed in ‘Counselling and support services’; and ,
executive officers and members of the governing body for a corporation that employs staff who undertake ‘regulated employment’,
Counselling and Support Services
The Act requires that paid QUT employees, employed under the category of counselling and support services must be screened, if staff 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.
Paid employees can begin or continue to work in regulated employment pending the outcome of their blue card application.
Staff in some faculties may also be required to hold blue cards as a requirement of their role or as part of a professional registration.
Specific Senior Staff positions
The Act instructs that the executive officers and members of the governing body for a corporation that employs staff who undertake ‘regulated employment’ (ie. counselling and support services staff) hold a blue card.
The University has determined that members of QUT Council and Vice Chancellor’s Advisory Committee (VCAC) represent the University’s executive officers and governing bodies. Therefore staff appointed to University positions that hold membership on these bodies are required to apply for and hold a blue card for the term of their employment in the position.
Cost
Effective 1 July 2008, the cost of application for the working with children check and subsequent blue card increased to $60.00. The cost for the application is to be met by the card holder. The local area may elect to reimburse for this cost.
Obligations of Employers (Faculty/Division/Institute)
Employers are required to warn every person applying for a blue card that it is an offence for a disqualified person to sign the application form. The employer must sign the declaration on the application form to indicate that this obligation has been fulfilled.
All Faculties / Divisions / Institutes are required to maintain information about staff blue cards. A record should be maintained of the card number and expiry date. Staff are required to pass this information on once they receive their blue card.
Staff already holding a card for other reasons (eg as a volunteer for another organisation) are not required to apply for a second card. However, the local area should record the requisite information.
Faculties / Divisions/ Institutes must notify the Commission when an applicant or blue card holder stops working for the University.
Renewal
When staff receive a renewal notice from the Commission they should discuss with their local area as to whether or not they still meet the above listed criteria. The criteria are the same for a new application as they are for a renewal.
Blue card holders may continue working after their card has expired provided their card has not been suspended or cancelled and the Commission has received a renewal application at least 30 days before the expiry of their card.
Students of QUT
Students of QUT who work with children or young people as part of their studies must obtain a blue card. Further information about this is available on the Student Services website.
