Screening checks (QLD)

A guide for Queensland community

organisations

Dec 2020

Screening checks (QLD) | 2020 2

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.

Contents

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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.

© 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.

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.

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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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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).

Legal obligations under Blue Card Checks

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

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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.

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)

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.

Related resource

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

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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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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).

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.

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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

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?

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

Related resource

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

Is the person working in one of the 15 categories of regulated employment?

Blue Card Check not required

Does the employee or volunteer qualify for an exemption under the WWC Act?

No

Yes

Blue Card Check required

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’

Yes

No

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• 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

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.

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.

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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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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.

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.

Blue Card Check applications

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.

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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.

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.

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.

Tip

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

Tip

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

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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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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 – serious offences

Category 1 offences prevent the applicant from passing the Blue Card Check in any

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.

What does a Blue Card Check do?

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Category 2 – disqualifying offences

This category is similar in nature to the serious offences, as the applicant still poses a risk to the safety of children, and this prevents the applicant from being permitted to work with 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.

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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.

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.

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).

Part 4

Police Checks

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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.

Police Checks

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.

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How do Blue Card Checks and Police Checks differ?

Blue Card Check (QLD) Police checks

Who conducts the check?

The check is submitted to Blue Card Services by the person.

The check is submitted to the Queensland 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 checked?

National criminal records (across all states and territories) and other disciplinary and police information.

Spent convictions are disclosed when applying for a Blue Card.

Organisations may also engage a third party agency to manage the process.

What is revealed by the checks?

Serious criminal charges, offences, findings of guilt and professional conduct reports that may be relevant to the safety of children, such as serious sexual, violent or drug crimes (it will not reveal offences such as theft or property fraud).

Spent convictions are disclosed when applying for a Blue Card.

Details that may be released by police include court appearances, convictions, findings of guilt with no conviction, good behaviour orders, charges and matters awaiting court hearing.

Police checks will not disclose information about spent convictions to employers unless they are required to do so.

What is the outcome?

The person will either 'pass' or 'fail' depending on what the check reveals and whether the person falls under the categories of serious or disqualification offences. In some instances, an 'Eligibility Declaration' for previously disqualified individuals can be taken into consideration. However, if the person is unsuccessful in this process, the decision can’t be altered and the applicant is unable to make submissions.

There is no pass or fail – a list of court outcomes with a finding of guilt is produced from the national criminal record.

It’s up to the organisation to assess whether or not any of the listed outcomes may impact on the work of the volunteer.

How long is it valid for?

Three years. It is current only at the time of the check.

Is it an ongoing check?

Yes – over the three years there is a 'rolling check' system and the organisation is notified if it reveals anything related to child safety.

No – it is a 'point in time' check and will only list the offences at the time of the check.

Is the check transferable?

Yes – to other Queensland volunteer roles but the volunteer must provide notice to the Department of any new role.

A volunteer blue card holder can transfer the check to paid child-related work by submitting a 'volunteer to paid employment transfer form' along with the applicable fee.

No – organisations should require a new check, even if someone had a check completed recently – as an organisation needs to be sure that all relevant matters have been disclosed by the police.

Part 5

NDIS Worker Screening Checks

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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

NDIS Worker Screening Checks

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• 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

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.

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.

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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.

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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.

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Part 6

Other checks

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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.

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

Other checks

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.

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• 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.

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.

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.

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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Related resource

Moores, together with Our Community, has also created a Child Safety Toolkit for not-for-profit organisations, to help them comply with these standards and other legislative requirements. The Toolkit discusses child safe recruitment processes, creating a child safe culture and various reporting obligations. It also includes a sample Child Protection Policy and Child Safety code of Conduct (that can be tailored to your organisation).

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Not-for-profit Law resources

The Not-for-profit Law website has further resources on the following related topics:

► The People Involved

This webpage contains legal information relating to everyone involved in a community group.

► Insurance and Risk

This webpage contains legal information relating to managing risk in your organisation.

Legislation

► Queensland Working With Children (Risk Management & Screening) Act 2000 (QLD)

► National Disability Insurance Scheme (Practice Standards—Worker Screening) Rules 2018

Other related resources

► Queensland Government – Blue Card Services

This website provides information for paid employees, volunteers and students, employers, volunteer coordinators and children and young people on the Blue Card System, including relevant forms and updating details online.

► CrimCheck

CrimCheck is a not-for-profit organisation that assists other not-for-profit organisations with the processing and management of police checks for their employees and volunteers along with general support and education around the process.

► Australian Criminal Intelligence Commission

The Australian Criminal Intelligence Commission (formerly CrimTrac) is the national information-sharing service provider for Australia's police, wider law enforcement and national security agencies. It offers a National Police Checking Service and has further information about the National Police Check process.

► Department of Social Services, National Framework for Protecting Australia’s Children 2009–2020

► NDIS Commission

The NDIS Commission website provides up to date information and has a variety of useful resources for NDIS registered providers, workers and participants to access at any time.

Resources

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