Screening checks (QLD) - A guide for Queensland community organisations Dec 2020 - Not-for-profit Law

 
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Screening checks (QLD)
A guide for Queensland community
organisations

Dec 2020
Screening checks (QLD) | 2020                            2

Contents

Introduction                                                                                                                                                                    4
Part 1                                                                                                                                                                          7
Legal obligations under Blue Card Checks ................................................................................ 8
              When are Blue Card Checks required by law?.................................................................. 9
              Blue Card Check exemptions .......................................................................................... 10
              Restricted persons and restricted employment ............................................................... 11
              Disqualified person and disqualifying offence ................................................................. 11
              Summary of an organisation's Blue Card obligations ...................................................... 12
Part 2                                                                                                                                                                         15
Blue Card Check applications ................................................................................................... 16
              How can employees or volunteers apply for a Blue Card Check? ................................... 16
                   When can a person begin work? ................................................................................ 16
                   How much does a Blue Card Check cost? ................................................................. 17
                   Should organisations pay the costs of Blue Card Checks for employees? ................. 17
              What if a new employee or volunteer already has a Blue Card Check? .......................... 17
              What happens once a Blue Card Check application has been lodged? .......................... 18
              What happens if an applicant doesn’t pass a Blue Card Check? .................................... 18
Part 3                                                                                                                                                                         19
What does a Blue Card Check do? ........................................................................................... 20
              What does a Blue Card Check do? ................................................................................. 20
              Ongoing monitoring of Blue Card Checks ....................................................................... 21
              Are there limits to what Blue Card Checks can achieve? ................................................ 22
Part 4                                                                                                                                                                         23
Police Checks ............................................................................................................................. 24
              Is the Blue Card Check different from a Police check? ................................................... 24
Part 5                                                                                                                                                                         26

   © 2020 Justice Connect. This information was last updated in December 2020 and is not legal advice; full disclaimer and copyright notice at www.nfplaw.org.au/disclaimer.
Screening checks (QLD) | 2020                   3

NDIS Worker Screening Checks ................................................................................................ 27
                Transition period for NDIS Worker Screening Checks ................................................ 27
                Risk assessed roles.................................................................................................... 28
                What does the NDIS Worker Screening Check include? ............................................ 28
                NDIS provider record keeping requirements ............................................................... 29
                Exceptions .................................................................................................................. 29
                Interstate workers ....................................................................................................... 30
Part 6                                                                                                                                      31
Other checks ............................................................................................................................... 32
            Discretionary background checks ................................................................................... 32
            Screening for interstate employees and volunteers ........................................................ 32
                WWC Checks ............................................................................................................. 32
                Police Checks ............................................................................................................. 33
            Child safety reforms and screening ................................................................................. 33
Resources ................................................................................................................................... 35
Screening checks (QLD) | 2020   4

Introduction
Screening checks (QLD) | 2020                       5

Introduction

This part:
►    introduces the reasons for conducting some level of screening for volunteers and
     employees
►    refers to child safety law reforms relevant to screening

It’s important that your organisation screens and inducts employees and volunteers in a thorough
and systematic way. Certain background screening checks are required by law (under legislation or
contract) and others are discretionary.
Even where there is no legislative or contractual requirement that checks be performed, organisations
should conduct some level of screening for volunteers and employees. This is because all organisations
have a responsibility to ensure they maintain a safe environment for their employees, volunteers and
clients. Due to this overarching duty of care, organisations should always try to be informed about the
individuals they select as their representatives.
Consider whether the employee or volunteer will have unsupervised access to money or property, contact
with vulnerable clients or children, access to sensitive information or whether they will be driving. This may
influence the types of checks your organisation requires to minimise risks associated with your employees
and volunteers.

          Example
          A volunteer is sent to an elderly client's home to assist with general household duties and
          provide companionship. As the volunteer is not engaged in 'child-related' work you don’t ask
          them to obtain a Blue Card Check. The volunteer seems trustworthy and the organisation
          decides not to go ahead with any other screening checks, including a Police Check. The
          volunteer steals from the client and it turns out that the volunteer has a string of theft and
          burglary offences.
          You send another volunteer to your client's home as soon as you find out. The client has a
          health incident and needs urgent medical attention. The volunteer freezes as they have not
          been trained in what to do in this situation. The volunteer is traumatised by this incident. Your
          organisation could be in breach of its duties to both the volunteer and client.

    © 2020 Justice Connect. This information was last updated in December 2020 and is not legal advice; full disclaimer and copyright notice at www.nfplaw.org.au/disclaimer.
Screening checks (QLD) | 2020   6

Tip
It may be challenging for some organisations to appropriately screen spontaneous volunteers
(people who assist during or after an event who are not already volunteering with the
organisation), especially where organisations are already managing significant workloads due
to an emergency or other incident. Your organisation may consider:
•   having a database of registered volunteers to call upon that have undertaken appropriate
    screening, induction and training, and
•   using external resources, for example, Volunteering Queensland's online tools.

Note
Currently, WWC Checks operate at a state or territory level. This means that a WWC Check is
only valid for work in the state or territory in which it is issued. There are certain allowances for
interstate volunteers. The Royal Commission into Institutional Responses to Child Sexual
Abuse’s report on Working with Children Checks (WWCC Report) contains recommendations
for the implementation of a nationally-consistent scheme.
Visit the Royal Commission’s website for updates and reports.
Part 1
Legal obligations under Blue Card
Checks
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Legal obligations under Blue Card
Checks

This section covers:
►   when are Blue Card Checks required by law?
►   exemptions from the requirement to get a Blue Card Check
►   when is a Blue Card Check necessary?
►   summary of an organisation's obligations under the Blue Card system

Whenever your not-for-profit organisation is recruiting employees or volunteers or assigning new
responsibilities, it’s important to conduct appropriate screening procedures.
This section deals with Blue Card Checks. The Working With Children (Risk Management & Screening) Act
2000 (QLD) (WWC Act) requires that a Blue Card Check be obtained by a person before certain 'child-
related work' can be conducted. Failure to comply with these requirements can result in serious penalties
for both the organisation and the employee or volunteer who has failed to undertake the check.
The Blue Card system is administered by Blue Card Services, an agency of the Department of Justice
(Department).

      Caution
      From 31 August 2020, amendments to the WWC Act came into effect to strengthen and
      streamline Queensland’s Blue Card system.
      The changes include:
      •   a ‘no card, no start’ law
      •   stricter requirements for people who rely on an exemption to work or volunteer with
          children, with associated offences, and
      •   a new frequency test
      There have also been a number of technical advances to the Blue Card system, including
      online Blue Card applications and an Online Portal to assist organisations in managing their
      Blue Card holders and applicants.
      The information in this guide reflects these changes
Screening checks (QLD) | 2020       9

       Note
       Your organisation may be required by law to undertake Blue Card Checks. It may also
       consider undertaking other checks such as Police Checks and reference checks. You should
       ensure that only tests or checks relevant to the position on offer are required. Decisions made
       on the results of checks not relevant to a role could be challenged by an applicant.

When are Blue Card Checks required by law?
Under the ‘no card, no start’ rule (introduced on 31 August 2020), employees, volunteers over the age of
18 and all student trainees that work in certain child-related environments must have a Blue Card Check,
unless an exemption applies.
A new frequency test was also introduced on 31 August 2020. This test applies to volunteers, paid
employees and students doing practical placements for their courses. This test provides that the relevant
person does not need a blue card if the child-regulated work does not exceed seven days in a calendar
year.
For this test, a day includes a part or full day, and a ‘calendar year’ covers the period from 1 January to 31
December.
The new frequency test replaces all existing frequency tests and means that relevant persons who work 8
or more days in a calendar year in child-regulated work must have a Blue Card.

       Related resource
       For more detail on the changes to the Blue Card framework, see the government webpage on
       the Blue Card system review.

There are currently 15 different categories of regulated employment (listed in Schedule 1 of the WWC Act)
that require a Blue Card Check to be performed. These are:
•   employment concerning children which is carried out inside a residential facility or another place such as
    a hostel for children
•   boarding facilities provided by schools
•   activities or services operating at a school involving employees other than teachers and parents
•   education, care services and similar employment
•   child care and similar employment
•   churches, clubs and associations involving children
•   health, counselling and support services
•   private teaching, coaching or tutoring
•   education programs conducted outside of school
•   child accommodation services including home stays
•   religious representatives
•   sport and active recreation
•   emergency services cadet program
•   school crossing supervisors, and
•   care of children pursuant to the Child Protection Act 1999 (Qld)
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Paid employees under the age of 18 who are employed in one of the above categories of regulated
employment must have a Blue Card before starting work. This includes students who are enrolled in a
tertiary course and need to complete a practical placement in one of the above categories.

Blue Card Check exemptions
Where a volunteer or employee of an organisation falls into one of the following exempt categories, they will
not be required to undergo a Blue Card Check. This will be the case even where they are performing child-
related work and the work falls into one of the fields listed above.
Exemptions apply to:
•   volunteer parents providing services or conducting activities in certain circumstances
•   working with a colleague who is under 18 years of age
•   adults participating in sport or recreational activities with persons who are under 18 years of age
•   relatives or friends caring for a child as part of a private arrangement
•   people providing informal domestic or babysitting services
•   Queensland police officers or corrective services officers providing services as part of their professional
    duties
•   registered teachers with the Queensland College of Teachers in schools providing services as part of
    their professional duties
•   registered health practitioners, if the work relates to their professional duties
•   ambulance officers, if the work relates to their professional duties, and
•   volunteers under 18 years of age
Police officers and registered teachers engaged in work outside of their professional duties, which is
covered by the Blue Card System (for example, where a police officer volunteers at a local sporting club or
a registered teacher tutors students privately), must instead apply for an exemption card (rather than a Blue
Card).
Exemption cards have expiry dates and are valid for three years. If an exemption card is not renewed
before the expiry date, it will expire and become invalid.
The ‘no card no start rule’ doesn’t apply to an exemption card. This means that applicants can start child-
related work as soon as an application for an exemption card is submitted to the Department. The
Queensland Government has published a useful fact sheet for police officers and registered teachers on
applying for an exemption card.

       Note
       Queensland’s Blue Card Services has indicated that an organisation can only require
       employees, volunteers or trainee students to hold a Blue Card or an exemption card if they are
       providing child-related services that are regulated by the Working with Children (Risk
       Management and Screening) Act 2000. Under Part F ‘Organisation declaration’ of the Blue
       Card application form, an organisation can only sign the application form if the employee,
       volunteer or student applicant will be engaged in one of the 15 regulated categories. In other
       words, an employee, volunteer or student can only apply for a Blue Card if they are proposing
       to start or continue in child-related employment.
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       Caution
       Just because a worker may fall within one of the Blue Card Check exemptions when starting
       out in a role, when circumstances change, they may not be able to continue to rely on the
       exemption. For example, when a volunteer under 18, transitions into paid employment.

       Example
       Examples of working outside of professional duties includes a police officer volunteering at a
       local sporting club, or a registered teacher tutoring students privately.

Restricted persons and restricted employment
The amendments to the WWC Act which came into force on 31 August 2020 prevent certain people from
being able to rely on exemptions to work or volunteer with children.
Two new terms were introduced into the WWC Act – ‘restricted person’ and ‘restricted employment’, as
well as two new offences (see below).
A restricted person is a person who:
•   has been issued a negative notice
•   has a suspended Blue Card
•   is a disqualified person (see below), or
•   has been charged with a disqualifying offence that has not been finalised
Restricted employment refers to the situations or exemptions that allow a person to work with children
without a Blue Card such as:
•   a volunteer parent
•   a volunteer under 18
•   paid or unpaid staff working in child-regulated employment for not more than seven calendar days per
    year
Under the new laws, it’s an offence for a restricted person or for an employer to allow or continue to allow a
restricted person to work or volunteer in restricted employment. People can face up to five years
imprisonment or a fine of $66,750 (500 penalty points) for non-compliance, while employers can face up to
two years imprisonment or a fine of $26,690 (200 penalty points).

Disqualified person and disqualifying offence
You will be a disqualified person if you are:
•   convicted of a disqualifying offence (which includes a serious sexual or violent offence against a child or
    an adult)
•   a reportable offender under the Child Protection (Offender Reporting and Offender Prohibition Order) Act
    2004 (QLD)
•   the subject of an offender prohibition order under the Child Protection (Offender Prohibition Order) Act
    2008 (QLD)
•   prohibited by a court from applying for or holding a blue card, or
•   the subject of a sexual offender order under the Dangerous Prisoners (Sexual Offenders) Act 2003
A disqualifying offence is listed in the Working with Children (Risk Management and Screening) Act 2000
(QLD).
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An offence is categorised as a disqualifying offence if it is an offence:
•   against a provision of an Act detailed in the list of disqualifying offences
•   under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted
    an offence of a kind detailed in the list of disqualifying offences
•   of counselling or procuring the commission of an offence of a kind mentioned in the list of disqualifying
    offences
•   of attempting, or of conspiring, to commit an offence of a kind detailed in the list of disqualifying offences
•   that has, as an element, an intention to commit an offence of a kind mentioned in the list of disqualifying
    offences
•   that, at the time it was committed, was an offence of a kind mentioned in the list of disqualifying offences

       Related resource
       A list of disqualifying offences is available on the Queensland government website.

The diagram below summarises when a Blue Card will be required, by law, for employees and volunteers in
Queensland.
When is a Blue Card Check necessary?

                                                                            No
        Is the person working in one of the 15 categories of                               Blue Card Check not
                      regulated employment?                                                      required

                            Yes

     Does the employee or volunteer qualify for an exemption                No
                                                                                             Blue Card Check
                     under the WWC Act?                                                          required

                            Yes

                   Blue Card Check not required
     Note – If the employee or volunteer is a police officer or
    registered teacher they must apply for an ‘exemption card’

Summary of an organisation's Blue Card obligations
A risk management strategy
Organisations that engage people who require Blue Card Checks and fall under the Blue Card System,
must have a written risk management strategy covering specific areas. This is a requirement under the
WWC Act. The risk management strategy must include:
•   a statement of commitment
•   a code of conduct
•   recruitment, selection, training and management employees and volunteer policies
•   procedures for handling disclosures and suspicions of harm
•   a plan for managing breaches of your child and youth risk management strategy
Screening checks (QLD) | 2020      13

•   policies and procedures for compliance with the blue card system
•   a risk management plan for high risk activities and special events, and
•   strategies for communication and support

       Related resources
       For more information and resources in relation to developing and implementing a risk
       management strategy that complies with the WWC Act, see the Queensland Government's
       Blue Card Services webpage on child and youth risk management strategies.

Maintain a register
Organisations must also maintain a register of all employees and volunteers in child-related activities in the
organisation, which includes:
•   whether or not the person requires a blue or exemption card (if not, why not, for example, an exemption
    applies under the legislation)
•   the type of application or blue card (for example, paid or volunteer) or exemption card
•   when the person applied and the date of issue of the positive notice and blue or exemption card
•   the blue or exemption card number and the expiry date of the blue card, and
•   the renewal date
You can download a free template register from the Queensland Government's Blue Card Services website.

Other general obligations
An organisation must ensure that:
•   volunteers and students don’t start working until they have a valid Blue Card Check
•   it provides a warning to each person applying for a Blue Card Check that they must not sign the
    application if they are a 'disqualified person'. Failing to provide this warning is an offence.
•   any applicant that has a disqualified status and subsequently receives a negative notice is strictly
    prohibited from working with children. This decision can’t be reviewed
•   employees, students or volunteers who hold a current Blue Card in relation to other work notify Blue
    Card Services (an agency of the Department of Justice) of the work they will do for your organisation
    and that they are linked to your organisation by submitting a ‘Link a person to your organisation’ form:
    – the form must be lodged before they start working for your organisation
    – payment must be submitted with the form if the person has a volunteer Blue Card Check and is being
      engaged as a paid employee with your organisation
•   employees, volunteers and students have the correct type of Blue Card (ie. volunteer vs employee)
•   employees, volunteers and students renew their Blue Card Check (30 days before the three-year validity
    period expires). The person can continue to engage in work during this period while their renewal
    application is being processed (as long as the Blue Card has not expired), and
•   employees, volunteers and students who don’t submit a renewal application before their current Blue
    Card expires will be prohibited from engaging in child-regulated work.
Screening checks (QLD) | 2020   14

Tip
•   Organisations can use Blue Card Checks as a screening and monitoring tool. Reference
    checks, Police Checks and organisational supervision and training are all ways to ensure
    the safety of staff and clients, as well as assisting in finding the most suitable applicant
    when recruiting.
•   Your organisation may choose to wait until the check is complete before an employee
    starts working with children as a way of managing any risks.
Part 2
Blue Card Check applications
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Blue Card Check applications

This part covers:
►   how can employees and volunteers apply for a Blue Card Check?
►   what if a new employee or volunteer already has a Blue Card Check?
►   what happens once a Blue Card Check application has been lodged?
►   what happens if an applicant does not pass a Blue Card Check?

Applying for and maintaining a Blue Card Check takes a few steps by both the applicant and the
organisation.

How can employees or volunteers apply for a Blue Card Check?
The applicant must follow the following three steps:
1. Have a customer reference number (CRN) from the Department of Transport and Main Roads (TMR)
2. Register for an online Blue Card Services account
3. Apply for a blue card using the online application portal or download the paper form.

      Tip
      Your CRN will be displayed on a range of Department of Transport and Main Road documents
      including a drivers license or an adult proof of age card. If you don’t have a CRN you can visit
      a TMR Customer Service Centre and get one or call 13 23 80.

      Tip
      Make sure that all unpaid staff select that that they are 'volunteers' on their Blue Card
      application as this will exempt them from any application fee. If they move into paid work at a
      later date, they will need to reapply under the 'employee' category.

When can a person begin work?
Under the ‘no card no start’ rule (applies since 31 August 2020), all employees, volunteers and students
must have received a Blue Card before starting any child-related work.
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The new laws allow applicants to apply for a Blue Card before being offered a job so that they can be ‘job
ready’ (by ticking ‘jobseeker’ on the application form and paying the prescribed fee). If an applicant
submitted a paid Blue Card application before 31 August 2020, they can continue working while their
application is being assessed.

       Tip
       An applicant can apply for a Blue Card before finding work by ticking ‘jobseeker’ on the
       application form and paying the prescribed fee.

How much does a Blue Card Check cost?
Applicants who undertake 'child-related work' as part of their employment need to pay $93.95 for their Blue
Card Check application.
There is no fee for volunteer applicants. Volunteers should ensure they select the 'volunteer' option when
applying for the check. As soon as a volunteer becomes a paid employee or contractor, they are required to
reapply for an employee Blue Card, and will receive a new card valid for undertaking paid 'child-related
work'.
Note that an applicant is still considered a volunteer if they receive reimbursement for costs, so long as they
are not paid for the work completed for the organisation.
When renewing a Blue Card, a $93.95 renewal fee must be paid for employees. There is no renewal fee for
volunteers and students.
These fees are correct as at November 2020. You can check the table of fees on the Queensland
government website for any updates.

Should organisations pay the costs of Blue Card Checks for
employees?
There is no legal requirement for an organisation to cover the costs of an employee undertaking the Check .
However, some organisations choose to reimburse Blue Card applicants who will be working with the
organisation.

       Tip
       In most circumstances, if the Blue Card Check relates to employment, this expense may be
       claimed as a deduction from taxable income.

What if a new employee or volunteer already has a Blue Card Check?
If a new employee has an existing and valid Blue Card, the new employer will need to let the Department
know by either:
•   using the online Organisation Portal, or
•   submitting a ‘Link a person to your organisation’ form
If a volunteer starts child-regulated paid work, the volunteer will need to advise the Department within 14
days of starting the employment by completing the ‘Volunteer to paid employment transfer’ form and paying
the prescribed fee.
It’s essential that the Department knows the employee or volunteer is working with you, so they can notify
you of changes to the Blue Card Check status.
Screening checks (QLD) | 2020    18

The new employee or volunteer must present their Blue Card Check to your organisation. Organisations
also need to ensure that the existing Blue Card Check is the appropriate type (ie. for paid vs volunteer
work).

What happens once a Blue Card Check application has been lodged?
An applicant will need to register for a Blue Card Services account before applying for the Blue Card. Once
they have submitted their application through the Blue Services account, they should allow five business
days for the application to be processed.
If the applicant is unable to use the online application portal, they can download the paper application.
Once completed, the paper application can be submitted via post, email, scan and upload to the website, or
delivered in person. Once a Blue Card Check application has been lodged, processing takes at least 28
business days.
Applicants who pass the Blue Card Check will receive a Blue Card Check in the mail. Employers and
volunteer organisations receive an Assessment Notice that is an official copy of the front and back of the
Blue Card Check. The Blue Card is valid for three years. This means that unless the organisation hears
further information, the applicant has a valid Blue Card Check for three years.

What happens if an applicant doesn’t pass a Blue Card Check?
Applicants who don’t pass the Blue Card Check will be issued a Negative Notice. The organisation
responsible for that person will receive a copy of the Notice (however this will not include specific
information about the person's criminal history). From the receipt of the Interim Negative Notice your
organisation must ensure that no unsupervised child-related work is undertaken by the person.
In Queensland, it’s an offence for a person who is a disqualified person (as defined above) to apply for a
Blue Card. A five-year imprisonment term or a fine over $66,725 (500 penalty points) may apply for non-
compliance.
Remember, your organisation has an obligation to warn each person applying for a Blue Card Check that
they must not sign the application if they are a 'disqualified person'.
A disqualified person may apply for a Blue Card in limited circumstances. This process is called an
'Eligibility Declaration'. Until a disqualified person is successful in this process, it remains an offence to
apply for a Blue Card. An unsuccessful outcome of an 'Eligibility Declaration' is non-negotiable and not
subject to a review for an alternative decision.
Part 3
What does a Blue Card Check do?
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What does a Blue Card Check do?

This part covers:
►    what does a Blue Card Check take into account?
►    ongoing monitoring of Blue Card Checks
►    are there limits to what Blue Card Check can achieve?

The Queensland Blue Card Check is a unique type of check, distinguished from Police Checks by
the different registers it checks, and its ongoing nature.
Understanding how a Blue Card Check works will help your organisation what role they should play in your
risk management strategy.

What does a Blue Card Check do?
When a Blue Card Check application is submitted to the administering body, Blue Card Services, the
following checks are completed:
•    any national charge or conviction for an offence (even if no conviction was recorded)
•    child protection prohibition orders (whether a person is a respondent or subject to an application);
•    disqualification orders
•    if a person is subject to reporting obligations under the Child Protection (Offender Reporting and
     Offender Prohibition Order) Act 2004 (QLD) or Dangerous Prisoners (Sexual Offenders) Act 2003 (QLD)
•    disciplinary information held by certain professional organisations (including teachers, child care
     licensees and foster carers), and
•    information that the Police Commissioner provides in relation to police investigations into allegations of
     serious child-related sexual offences, even if no charges were laid
The Department may also seek information from other sources, for example, from treating health
professions, correctional bodies (such as Queensland's Correctional Centres) and employers.
Only offences relevant to the safety of children, such as serious sexual, violent or drug crimes are included
in the Blue Card Check.
Pursuant to the WWC Act there are two broad categories of offences that are relevant:

    Category 1 –       Category 1 offences prevent the applicant from passing the Blue Card Check in any
    serious offences   circumstance because they are the most serious offences and usually involve children.
                       For example, the applicant is a registered sex offender or has committed other sex offences
                       against children.
Screening checks (QLD) | 2020        21

    Category 2 –       This category is similar in nature to the serious offences, as the applicant still poses a risk to
    disqualifying      the safety of children, and this prevents the applicant from being permitted to work with
    offences           children.
                       For example, the applicant has committed offences against adults, sex offences as a child, or
                       other non-sex offences, such as drug or violence offences.

If an applicant falls into either of the above categories, they are unable to apply for a Blue Card and are
prohibited from working with children. In exceptional circumstances, a previously disqualified person may
pass the 'Eligibility Declaration' and be able to apply for a Blue Card.

Under the amendments to the WWC Act introduced on 31 August 2020, the Department can provide the
following information to an authorised entity (this includes the person’s employer):
•     a working with children check application made by the person
•     a working with children authority or negative notice held by the person
•     a working with children notice about the person given, or required to be given, to the authorised entity
      under the Act
A person who receives this information under the WWC Act can only communicate it for certain purposes.
These purposes can include identifying or monitoring a risk to a child in the regulated employment, or to
assess whether the person has a current working with children clearance.

Ongoing monitoring of Blue Card Checks
A Blue Card operates for a period of three years unless revoked earlier.

For holders of a Blue Card Check
During the three-year validity period, Blue Card Check holders must advise the Department about any
relevant change in circumstances (this can be lodged online on the Queensland Government website),
such as:
•     change of address
•     change of phone number, or
•     change of email address
If you have changed your name, you will need to complete and submit a change of name form instead.
Every Blue Card holder is obliged to immediately tell the Department when there has been any change to
their police information. These changes can include:
•     any charge or conviction of an offence
•     existence of a police investigative information relating to allegations of serious child sex related offences
      (even if no charges were laid)
•     being the subject of a disqualification order
•     being respondent to an application for offender prohibition order under the Child Protection (Offender
      Reporting and Offender Prohibition Order) Act 2004 (QLD)
•     becoming subject to reporting obligations or a child protection offender prohibition order under the Child
      Protection (Offender Reporting and Offender Prohibition Order) Act 2004 (QLD), a disqualification order,
      or a sexual offender order
It’s no longer the employer’s responsibility to notify the Department when they become aware of an
employee’s change in police information. Individuals can face a fine of $13,345 (100 penalty points) for non-
compliance.
For organisations
Throughout the three-year lifespan of a Blue Card Check, there is a 'rolling check' system.
Organisations must let the Department know if there are any changes to their Blue Card workers’
employment status. This can be done by completing a ‘Link a person to your organisation’ form or a ‘Delink
a person from your organisation’ form.
Screening checks (QLD) | 2020        22

If your organisation is using the Online Portal you can create a link with the applicant and update the
information online.
A Blue Card holder's profile will be updated if there are any incidents that affect the person's ability to
undertake 'child-related work' and your organisation will be notified. This is why it’s important to ensure your
organisation is nominated as a place of work for employees and volunteers with an existing Blue Card.
Organisations must ensure that Blue Card Checks are renewed by employees and volunteers every three
years at least 30 days before the expiration date.
Taking the following steps may help your organisation keep tabs on team members and their Blue Card
status:
•   physically sight and record the Blue Card (or their application receipt) when they join your organisation
    and record associated information such as expiry date
•   keep Blue Card Checks, information and notices on file and keep a record of the employee and
    volunteer Blue Card status, including:
    – for new Blue Card applicants, the unique Application Receipt Number that is provided when an
      application for a Blue Card Check is lodged, or
    – for current holders of the Blue Card, the card number and the expiry date of their card
•   ensure information is filed in a safe, secure place and in accordance with the following principles:
    – ensure stored information is accurate, complete and up to date
    – protect the information from misuse, loss, unauthorised access, modification or disclosure (including
      by allocating files identification systems to prevent files being misplaced)
    – have a clearly expressed policy available upon request detailing the management of personal
      information by your organisation, and
    – allow people to access their own information and to correct inaccuracies
•   assign responsibility for monitoring your Check register to ensure that it is up-to-date, and
•   set up systems to ensure you organisation keeps track of when current Blue Card Checks will expire
Your organisation is also able to check the status of a person's card or application using the 'validate a
card' function on the Blue Card Services website.

       Tip
       There are a number of volunteer management software systems that may assist your
       organisation with this process and ensuring thorough and systematic screening takes place
       (see Volgistics, eCoordinator and Volunteer Impact).

Are there limits to what Blue Card Checks can achieve?
Blue Card Checks are only one way of reducing the risk of recruiting or associating with people who may be
unsuitable for child-related work. No background check by itself can guarantee a person's suitability, and
organisations should ensure that they have internal policies and procedures to ensure the safety of all those
who interact with the group – particularly those in a position of vulnerability such as children.
Part 4
Police Checks
Screening checks (QLD) | 2020       24

Police Checks

This part covers:
►   an overview of Police Checks
►   the differences between Blue Cards and Police Checks

A Blue Card Check is important, but it’s not the only check your organisation can undertake.
As part of your risk management strategy, even if you must undertake Blue Card Checks, consider whether
any other checks would also be appropriate.

Is the Blue Card Check different from a Police check?
Yes. If a volunteer or employee is required to undertake a Blue Card Check, it will not matter whether they
have recently had a Police check (sometimes called a National Police check or Criminal Record Check) as
these two screening procedures are established for different purposes.
The Blue Card Check focuses on specific offences (those that may impact on the safety of children). In
addition, unlike Police checks, the Blue Card Check is 'ongoing' – which means that the applicant's criminal
record is monitored throughout the life of the Blue Card Check (this includes checking with certain
professional disciplinary bodies beyond law enforcement agencies, such as the Queensland College of
Teachers).
Your organisation may wish to conduct both Blue Card Checks and Police Checks depending on the nature
of the work being conducted by your employees or volunteers. For example, not all criminal offences will be
relevant for the Blue Card Check – only those that the Department considers to pose a risk to children will
be relevant. Previous convictions such as traffic offences or thefts may not be considered through a Blue
Card Check.
A Police Check allows an organisation to be aware of all (releasable) previous convictions – child related or
not – this may be appropriate if you are seeking an employee or volunteer who, for example, may be
handling money or driving clients between locations.

      Caution
      If you decide that applicants are required to undergo a Police Check before recruitment, you
      must not refuse an applicant simply because they have a prior conviction revealed for an
      offence that has no relevance to the available position. There are legal protections against
      discrimination on the basis of criminal record.
      However, your organisation has obligations to create a safe and effective environment, and
      you can refuse an applicant on the basis of a criminal past when you believe that the prior
      offence prevents the applicant from performing the ‘inherent requirements’ of the position. See
      the Australian Human Rights Commission website for more information.
Screening checks (QLD) | 2020            25

How do Blue Card Checks and Police Checks differ?

                    Blue Card Check (QLD)                                   Police checks

 Who conducts       The check is submitted to Blue Card Services            The check is submitted to the Queensland
 the check?         by the person.                                          Police Service by the person or by an
                                                                            organisation on their behalf (with consent).
                                                                            Organisations may also engage a third-party
                                                                            agency to manage the process.

 What is            National criminal records (across all states and        Organisations may also engage a third party
 checked?           territories) and other disciplinary and police          agency to manage the process.
                    information.
                    Spent convictions are disclosed when applying
                    for a Blue Card.

 What is revealed   Serious criminal charges, offences, findings of         Details that may be released by police
 by the checks?     guilt and professional conduct reports that may         include court appearances, convictions,
                    be relevant to the safety of children, such as          findings of guilt with no conviction, good
                    serious sexual, violent or drug crimes (it will not     behaviour orders, charges and matters
                    reveal offences such as theft or property fraud).       awaiting court hearing.
                    Spent convictions are disclosed when applying           Police checks will not disclose information
                    for a Blue Card.                                        about spent convictions to employers unless
                                                                            they are required to do so.

 What is the        The person will either 'pass' or 'fail' depending       There is no pass or fail – a list of court
 outcome?           on what the check reveals and whether the               outcomes with a finding of guilt is produced
                    person falls under the categories of serious or         from the national criminal record.
                    disqualification offences. In some instances, an
                    'Eligibility Declaration' for previously disqualified   It’s up to the organisation to assess whether
                    individuals can be taken into consideration.            or not any of the listed outcomes may
                    However, if the person is unsuccessful in this          impact on the work of the volunteer.
                    process, the decision can’t be altered and the
                    applicant is unable to make submissions.

 How long is it     Three years.                                            It is current only at the time of the check.
 valid for?

 Is it an ongoing   Yes – over the three years there is a 'rolling          No – it is a 'point in time' check and will only
 check?             check' system and the organisation is notified if       list the offences at the time of the check.
                    it reveals anything related to child safety.

 Is the check       Yes – to other Queensland volunteer roles but           No – organisations should require a new
 transferable?      the volunteer must provide notice to the                check, even if someone had a check
                    Department of any new role.                             completed recently – as an organisation
                                                                            needs to be sure that all relevant matters
                    A volunteer blue card holder can transfer the           have been disclosed by the police.
                    check to paid child-related work by submitting a
                    'volunteer to paid employment transfer form'
                    along with the applicable fee.
Part 5
NDIS Worker Screening Checks
Screening checks (QLD) | 2020      27

NDIS Worker Screening Checks

This part covers:
►   Worker Screening Checks for NDIS providers
►   transition period for NDIS Worker Screening Checks
►   what does the NDIS Worker Screening Check include?
►   record keeping requirements for NDIS providers
►   exemptions from NDIS Worker Screening Checks

The NDIS Worker Screening Check is an assessment of whether a person who works, or seeks to work,
with people with a disability poses a risk to them. The assessment determines whether a person is cleared
or excluded from working in certain roles with people with a disability.
The requirements relating to Worker Screening Checks for registered NDIS providers are set out in the
National Disability Insurance Scheme (Practice Standards – Worker Screening) Rules 2018 (the Practice
Standards). Registered NDIS providers are responsible for ensuring that their workers have the necessary
clearances so that the Practice Standards are met.
On 1 February 2021, states and territories will start implementing the new nationalised NDIS Worker
Screening Checks as part of a uniform national approach to worker screening.
A NDIS Worker Screening Database will also be rolled out nationally, which will have a register of cleared
and excluded workers from all states and territories.
Currently states and territories have transitional and special arrangements in place which specify the
alternative checks and clearances that are acceptable before the national NDIS Worker Screening Check is
rolled out.

Transition period for NDIS Worker Screening Checks
As the transitional and special arrangements differ between the states and territories, if a worker has an
acceptable check in one state or territory, this is not portable to another state or territory. This means that
workers of registered NDIS providers delivering services and supports to people with disability in a number
of states or territories must have an acceptable check in each state or territory in which they work.
Queensland began a transition period on 1 July 2019. These rules, due to expire on 31 January 2021
provide that workers can rely on the below requirements during the transition period as an acceptable
check to work for a registered NDIS provider in Queensland.
From 1 February 2021 workers delivering NDIS support and services without a valid check will be required
to have a clearance issued under the new NDIS Screening Check arrangements.

Acceptable checks – Queensland
During the transition period, workers engaged in a risk assessed role (explained below) in Queensland
must meet the following requirements for an acceptable check:
•   the worker holds a disability check, or
•   if the person works only with children with a disability, holds a Blue Card, or
Screening checks (QLD) | 2020         28

•   if the person engaged in the risk assessed role in the person’s capacity as a registered health
    practitioner, the person has the necessary certificate of regulation

Risk assessed roles
Registered NDIS providers are responsible for identifying which roles are risk assessed roles, and making
sure that all workers in these roles have an NDIS Worker Screening Clearance or an acceptable check
under the transitional and special arrangements.
Under the Practice Standards, workers may only be engaged in a ‘risk assessed role’ if the worker has a
clearance, subject to the exceptions discussed below.
A risk assessed role includes:
•   a ‘key personnel role of a person or an entity’ as defined in s 11A of the National Disability Insurance
    Scheme Act 2013 (for example, a CEO, board member or other key personnel)
•   a role for which the normal duties include the direct delivery of specified supports or services to a person
    with a disability (see link for list of specified services and supports), and
•   a role for which the normal duties are likely to require ‘more than incidental contact’ with people with
    disability, which includes:
    – physically touching a person with disability
    – building rapport with a person with disability as an integral and ordinary part of the performance of
      normal duties, or
    – having contact with multiple people with disability as part of the direct delivery of a specialist disability
      support or service, or in a specialist disability accommodation setting

       Example
       Lee works for a mobility equipment company that is a registered NDIS provider and delivers
       mobility equipment to the homes of people with a disability. Lee provides training, support and
       instructions to the customers as a standard part of his role. Lee’s registered NDIS provider will
       need to ensure Lee has a Worker Screening clearance (or an acceptable check under the
       transitional and special arrangements, explained below) as the nature of Lee’s contact with the
       customer is likely to lead to Lee building rapport with the customer.

What does the NDIS Worker Screening Check include?
The NDIS Worker Screening Check will be conducted by NDIS worker screening units. The NDIS worker
screening unit makes the decision about whether a person is cleared, excluded or on an interim bar (in this
case further information will be required to determine whether the person will be cleared or excluded).
Registered NDIS providers will need to ensure they only engage workers who have a cleared status. The
NDIS Worker Screening Check will enable registered NDIS providers to engage a worker with a valid
clearance from any state or territory to deliver NDIS support and services in a risk assessed role.
The new NDIS Worker Screening Check will take into account:
•   any police or government information (including convictions, current and pending charges)
•   apprehended violence orders
•   child protection information (included child protection orders)
•   workplace misconduct (complaints or incident reporting)
•   international police check (for persons who have worked overseas)
The check will then be submitted to the NDIS Worker Screening Database run by the NDIS Commission.
NDIS providers and individuals will need to apply to the NDIS Commission to access the information stored
on the database.
Screening checks (QLD) | 2020      29

NDIS provider record keeping requirements
For each risk assessed role, registered NDIS providers are required to document:
•   the title or other organisational identifier for the role
•   the paragraph or paragraphs of the definition of risk assessed role (as contained in the Practice
    Standards) that applies to the role
•   a description of the role, and
•   the date the role was assessed and the name and title of the person who made the assessment
When a new risk assessed role is identified, the written list of roles must be updated within 20 business
days of the identification or review of the risk assessed role.
For each risk assessed worker, NDIS providers are required to document:
•   the full name, date of birth and address of the person
•   the risk assessed role or roles in which the person engages
•   if the worker may engage in a risk assessed role without an NDIS Worker Screening Clearance:
    – the basis on which they may do so
    – the start and end date of the period in which the exemption that allows them to work in a risk
      engaged role applies
    – the name of the person who supervises the worker during this period
•   the worker’s NDIS Worker Screening Check application reference number
•   the worker’s NDIS Worker Screening Check outcome expiry date
•   whether the worker’s NDIS Worker Screening Clearance is subject to any decision which has the effect
    that the registered NDIS provider may not allow the worker to engage in a risk assessed role, and the
    nature of any such decision (for example, interim bar, suspension, exclusion)
•   records relating to an interim bar, a suspension, an exclusion, or any action taken by the provider in
    relation to these kinds of decisions in relation to any worker and
•   allegations of misconduct against a worker with a check and the action taken by the registered NDIS
    provider in response to that allegation
A record must be kept for seven years from the date the record was made.

Exceptions
A registered NDIS provider may engage a person in a risk assessed role who does not have an NDIS
Worker Screening Clearance if:
•   the registered NDIS provider is subject to the transitional and special arrangements and is complying
    with those arrangements
•   the person is a school student on a formal work experience placement, provided the student is directly
    supervised by another worker who has an NDIS Worker Screening clearance or acceptable check under
    the transitional and special arrangements
•   in some circumstances, the person has submitted an application for an NDIS Worker Screening Check,
    provided the worker is ‘in the process of obtaining a clearance’ as defined by the Practice Standards. In
    these circumstances, the registered NDIS provider must ensure that the worker is:
    – appropriately supervised by a person with an NDIS worker screening clearance, and
    – the NDIS provider implements a risk management plan in line with the requirements in the Practice
      Standards.
In Queensland, if you are a worker for a registered NDIS provider in a risk assessed role and hold an
acceptable check before 31 January 2021, the check will be recognised until the check expires.
Screening checks (QLD) | 2020      30

Interstate workers
Until the NDIS Worker Screening Check takes effect on 1 February 2021, a registered NDIS provider needs
to ensure that all workers who are required to work interstate have an acceptable check in each state or
territory where the worker is engaged in a risk assessed role to provide NDIS support and services.

      Tip
      Visit the NDIS Commission website to ensure your organisation is compliant with the Worker
      screening transitional and special arrangements.
Screening checks (QLD) | 2020   31

Part 6
Other checks
Screening checks (QLD) | 2020       32

Other checks

This part covers:
►   other discretionary background checks
►   managing volunteers and employees in or from other states and territories, and
►   child safety law reform relating to background checks

Discretionary background checks
Even where there is no legislative requirement that National Police Checks and other discretionary
background checks be performed, organisations ought to conduct some level of screening for volunteers
and employees. This is because all organisations have a responsibility to ensure they maintain a safe
environment for its employees, volunteers and clients. Due to this overarching duty of care, organisations
should always try to be informed about the people they select as their representatives.

       Caution
       While finding the right person to fill a vacant role is important, an organisation has an
       overarching duty to provide a safe environment for staff, volunteers and clients. Good
       screening procedures when recruiting is a key way for organisations to try and address
       problems before they arise.

From a practical perspective, conducting informal background checks, such as asking for referee details
and performing licence and qualification checks (and possibly asking for details of any potential conflicts of
interest) is certainly a good way for an organisation to assure itself that it is making the right choice when
recruiting a new employee or volunteer.

Screening for interstate employees and volunteers
WWC Checks
Currently, WWC Checks operate at a state or territory level. This means that a Check is only valid for work
in the state in which it is issued.
If an employee or volunteer has a WWC Check from another state or territory and wants to work in
Queensland, they will need to obtain a Queensland Blue Card.
Queensland does not recognise WWC Checks conducted outside of Queensland.
Interstate visitors can engage in some child-related work in Queensland without a Blue Card if they are:
•   working with a colleague who is under 18
•   volunteers under the age of 18
•   working with children for no more than seven days in a calendar year
Screening checks (QLD) | 2020        33

•   working as a registered health practitioner
•   working as a corrective services officer
•   working as an ambulance service officer, or
•   working for the Queensland Police
If employees or volunteers in your organisation are travelling to another state or territory outside
Queensland and will engage in child-related work, you need to ensure that they comply with the laws of the
particular state they are visiting visit – which likely means having a valid WWC Check for that state.

       Caution
       Offences considered relevant for the purposes of a WWC Check vary across states and
       territories. This means that a person who has committed a certain offence in one state or
       territory that isn’t considered relevant may be precluded from obtaining a WWC Check in
       another state or territory where the offence is relevant.

Police Checks
A Police Check will display all (releasable) court outcomes from all states and territories of Australia.
If your organisation engages an employee or volunteer that has been living overseas, your organisation
may decide to ask for an international Police Check, which can be obtained from the law enforcement body
for each relevant country. Information on obtaining a police check from an overseas government or law
enforcement authority can be found on the Department of Home Affairs website.

Child safety reforms and screening
The Council of Australian Governments (COAG) has been working towards law reform to harmonise the
laws between states and territories and published a ‘National Framework for Protecting Australia’s Children
2009-2020.’ This is a broad, long-term initiative aimed at reforming the child protection system and creating
uniform laws across states and territories. COAG aims to develop a nationally consistent approach to
working with children checks and child safe organisations across jurisdictions. This is likely to include
unifying the WWC Check system across our states and territories. Further reform and consolidation of
legislation will help to establish an inter-jurisdictional exchange of information regarding people working with
children.
If new legislation comes into force, your organisation may need to comply with different rules regarding its
employees and volunteers. It is important to be aware of the changes as they take place, and to ensure that
your organisation continues to meet the legislative requirements.

       Further reading
       For more information about creating a child-safe organisation see the ‘National Framework for
       Protecting Australia’s Children 2009-2020’, and the ‘Guidelines for Building the Capacity of
       Child-Safe Organisations’ published by the Department of Social Services.
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