The Working with Children (Risk Management and Screening) Act 2000 (the Act) requires us to do a risk assessment if:
the blue card check returns assessable information
or
there is a change to your assessable information while you hold a card.
Assessable information includes a broad range of information and is more than a police check.
We must decide whether you pose a risk to the safety of children.
A risk assessment is not required if you are a disqualified person as we must give you a negative notice.
What information are we concerned about?
We will be concerned about your assessable information if it includes:
serious or disqualifying offences, even if you were not guilty or discharged—this includes a range of offences of a sexual or violent nature, offences against children and concerning drug offences
child-related offending and other conduct, including child protection or disciplinary information
conduct which may put children at risk (e.g., offences involving threats, violence or weapons, drug use, stalking or harassment, indecent acts, arson and other dangerous conduct)
recent or repeated offending, or escalating patterns
domestic violence offences or orders, including breaching of orders
any other offences or conduct relevant to a person holding a working with children authority.
Just because you have information we are concerned about; it doesn’t mean we will refuse your application or cancel your card. However, we will need to find out more before deciding.
What is the process for a risk assessment?
Gather information from other agencies.
Ask you to make a submission about your assessable information.
Consider whether you pose a risk to the safety of children.
you cannot carry out child-related work regulated by the Act
you will not get a negative notice
an adverse outcome will not be recorded on the National Reference System
you can reapply at any time.
During the risk assessment process, it is important that you keep your contact details up to date, so we can contact you when we need to. If we cannot contact you, we may withdraw your application or cancel your card.
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We often get information from other agencies for our risk assessment, including the:
Queensland Police Service and interstate police
Office of the Director of Public Prosecutions
Queensland College of Teachers
Department of Education (including the Early Childhood Regulatory Authority)
Department concerned with Child Safety
We might request:
the facts about a charge or conviction
witness statements or a record of interview
your traffic history
the history of domestic violence orders made against you
child protection information
certain disciplinary information
In some cases, we might want to talk to you about your assessable information over the phone.
In other cases, we may need to write to you and ask you to provide submissions and supporting material. If this happens, we will:
give you the information we have gathered, and
ask you to make a written submission—this is a chance to tell us about your side of the story and why your application should be approved.
You can give us:
a personal submission—this is a statement from you about the assessable information and what has changed since.
References—these may be from your family, friends, employers, colleagues, and health professionals. Referees can download and fill out a reference form.
supporting evidence—e.g. certificates for courses you have undertaken.
If you do not respond by the due date, we must withdraw your application. You can ask for more time, or ask to provide your submission over the phone, by contacting us before the due date.
The Act sets out the process we must follow when deciding whether you pose a risk to the safety of children.
In most cases, we must approve your application unless we decide that you pose a risk to the safety of children.
However, we must refuse your application unless we decide yours is an exceptional case in which you do not pose a risk to the safety of children if:
you have been convicted of a serious offence (even if a conviction was not recorded) or
The factors we must consider about your assessable information include:
the nature, gravity and circumstances of the conduct
how your conduct is relevant to engaging in regulated employment or the carrying on of a regulated business
how long ago the conduct occurred
if there was a victim—the victim’s vulnerability at the time of the conduct, the age difference between you and the victim, and your relationship to, or position of authority over, the victim at the time
whether there is a pattern of concerning behaviour
your conduct since the assessable information
if you are an Aboriginal person or Torres Strait Islander person—the effect of systemic disadvantage and intergenerational trauma, and the historical context and limitations on access to justice
any information given by you in, or in relation to, the application
any other circumstances relevant to your conduct.
We also may have to consider whether a reasonable person would allow their child to have direct contact with you, whether supervised or unsupervised, while you are engaged in child-related work.
refuse your application or cancel your card, and give you a negative notice—we will also give you the reasons for our decision.
We must tell you and your linked organisations the outcome.
How long will the risk assessment take?
Processing times will vary. While most assessments are finalised within 28 business days, if your assessable information is concerning, the risk assessment will take longer while we will follow the process outlined above.