Policy Number: 1.60.7
Contact Officer: Academic Registrar, Director Human Resources Division
Date Approved by Senate: 23/5/2002
Date last Amended: 24/08/2005
Date for Next Review: 24/08/2008
Related policies or legislation: The Commission for Children and Young People Act 2000

Overview

1. Introduction

1.1 The Commission for Children and Young People Act 2000 (Qld) (the “Act” requires individuals who undertake “regulated employment” or carry on a “regulated business” to undergo a Working with Children Check to obtain a suitability card.  The amended Act took effect on 17 January 2005.  The amendments to the Act have broadened the categories of people required to undertake working with children suitability checks. 

1.2 The Commission for Children and Young People and Child Guardian, "the Commission" is an independent statutory authority is charged with administration of the Act.  As part of its screening function, the Commission requires people in particular categories of paid or voluntary employment or carrying on particular businesses to under go a "working with children check".

1.3 The University requires that students or staff whose activities fall within the meaning of “regulated employment” in the Act or who are required to work in a “regulated business” obtain a suitability card. This policy addresses how students and staff undertake a "Working with Children Check" to obtain a suitability card (i.e. "blue card").

Description

2. The Commission for Children and Young People Act 2000

2.1  The Commission for Children and Young People Act 2000 requires people working or seeking to work with children in a paid, voluntary or self-employed capacity to undergo a "Working with Children Check". 

2.2 The working with children check is an investigation into whether a person has a criminal history, which will affect their suitability to work with children (i.e. persons under 18 years of age).  This involves a check of relevant police information held by the Queensland Police Service and other police services in Australia for any charges or convictions.

2.3 As an educational and research institution, the University of Queensland, including its staff and students, is subject to the provisions of The Commission for Children and Young People Act 2000.

3. Who needs to apply for a "blue card"

3.1.  Volunteers and paid employees. According to the Commission, all volunteers and certain paid employees who work with children or young people in the following categories of employment must apply for a "blue card".  Volunteers are classified as "a person employed by another person or organisation who is not paid or other than being reimbursed for out-of-pocket expenses".

• residential facilities (includes Gatton halls of residence)
• school boarding houses
• schools (employees other than teachers including non-teaching staff)
• childcare
• churches, clubs and associations providing services mainly directed towards or involving children
• counselling and support services (includes Student Services)
• private teaching, coaching or tutoring
• education programs conducted outside of schools (includes school programs at Centre for Marine Studies Research Stations)
• child accommodation services including homestays
• religious representatives
• sport and active recreation (includes UQ holiday programs for children)
• emergency services cadet programs
• school crossing supervisors

3.2 Students.  Students who, (i) are required to undertake a placement course in order to meet the program requirements and (ii) have to work with children as part of the placement, must obtain a "blue card" before they begin their placement.

3.3 Businesses. According to the Commission, a person carrying on the following regulated businesses must also apply for a "blue card".  Please also refer to Section 4 "Exemptions".

• counselling and support services
• private teaching, coaching or tutoring
• child care
• education programs conducted outside of schools
• religious representatives
• child accommodation services including homestays
• providers of recreational activities such as sporting camps and programs (excluding amusement parks)
• operators of hostels for children other than residential facilities.

4. Exemptions

A list of those that are exempt from the requirement to obtain a Working with Children check is found at --http://www.childcomm.qld.gov.au/employment/bluecard/regulated_bus.html"

5. How to apply for a "blue card"

5.1 Applications are available from the Commission for Children and Young People by mail or from the Commission's web site http://www.ccypcg.qld.gov.au/employment/bluecard/applications.html

5.2 Paid employees. University staff must submit their completed form to the Director, Human Resources. The University will lodge the staff member's completed suitability check application form with the Children's Commission.  Staff should lodge the form prior to commencement of duty. Paid employees must apply for a "blue card" 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.

5.3 Volunteers.  Volunteers must be in possession of a "blue card" prior to offering their services. 

5.4 Students.  Students are classified as volunteers and must hold a "blue card" before they can commence a placement course.  Where a "blue card" is required before a placement can be commenced, The University will apply for a ""blue card"" on the student's behalf.  Students must submit their completed form to the relevant faculty office at the beginning of the semester prior to the semester in which the placement is to occur. 

5.5 Requirements.  The application form (see Section 5.1 above) list the documentation that is required to be submitted with the application.

5.6 Duration.  Successful applicants will be issued with a "blue card" that is valid for two years (unless cancelled earlier by the Commissioner) and is transferable across all categories of employment and businesses screened by the Commission. Applications are required for renewal for a further period.

6. What if an application for a blue card is rejected?

6.1 Staff.  Staff whose application for a blue card is rejected must immediately inform the Director, Human Resources and his or her immediate supervisor and cannot undertake work involving children. If a staff member's application is rejected, the Director, Human Resources will advise the staff member how this will affect their continuing employment.

6.2 Students.  Students whose application for a blue card is rejected must immediately inform the relevant faculty and the head of school as they will not be able to undertake their placement course. If a student's application is rejected, the head of school, in consultation with the relevant faculty, will provide the student with possible options to complete their program requirements.

6.3 Negative notice.  Applicants who are deemed unsuitable to hold a blue card are issued with a negative notice.  The notice is valid indefinitely unless cancelled by the Commission or on successful review by the Children Services Tribunal.

6.4 Appeals. There is no right of appeal or review when the negative notice has been issued to a person for a conviction for an excluding offence where the person was sentenced to imprisonment, or a disqualification order was made. However, if a negative notice is issued the person is advised of the decision and the reasons for it and has the right to have the decision reviewed by the Children Services Tribunal.

7.  Who meets the cost of the Working with Children Check?

7.1  Staff. The University will meet the cost of the Working with Children Check for staff obliged to undergo the Check to do their work.

7.2 Students. University students are classed as volunteers and are not required to pay a fee to undergo the Working with Children Check.

8. Offences and penalties under the Act

8.1 Penalties. Penalties apply for a number of offences under the Act. These are found at http://www.childcomm.qld.gov.au/employment/bluecard/penalties.html

8.2 Change in criminal history. A person's criminal history changes if they are charged with a criminal offence or they are convicted of a criminal offence.  Staff or students who have a change in criminal history must immediately notify the University of the change.  The University must not continue to engage the student in regulated employment unless a new application for a Working with Children Check is made to the Commission.

8.3 Change to name/contact details. Blue card holders, applicants and those with negative notices must advise the Commissioner if their name or contact details change within 14 days of any change.

9. Further information

9.1 Staff. Staff who require further information about this policy should contact the Director, Human Resources Division.

9.2. Students. Students who require further information about this policy should contact the Academic Registrar.