Penalties for organisations under the blue card system
There are a range of penalties for not complying with the blue card system laws.
When an offence refers to ‘working with children clearance’, it means a valid blue or exemption card.
As an employer, you must not employ or continue to employ someone if you know that their working with children clearance is not valid for any reason (cancelled, negative notice, disqualified person, etc.).
You must notify us when you employ any new workers, so that we can contact you if their working with children clearance status changes.
This page outlines the penalties for not obeying these and the rest of the requirements for organisations under the Working with Children (Risk Management and Screening) Act 2000.
There is a separate page for penalties for individual blue card holders or applicants.
From 1 July 2023, 1 penalty unit is $154.80.
Running a business
As an owner/operator of a service you must not carry on a regulated business without a working with children clearance.
Maximum penalty: $77,400.00 (500 penalty units) or 5 years’ imprisonment
You must also notify Blue Card Services within 14 days when you have stopped carrying on a regulated business.
Maximum penalty: $1,548.00 (10 penalty units)
Risk management strategy
If you operate a regulated business or employ people in regulated employment, you must develop and implement a risk management strategy each year, as required by the Act.
Maximum penalty: $3,096.00 (20 penalty units)
Employing workers without blue cards
Paid workers, volunteers, trainee students
As an employer you must not employ, or continue to employ a worker in regulated employment unless they have a current working with children clearance (blue card or exemption card) and you have notified us that you are planning to employ them. You must notify us when you employ any new workers, so that we can contact you if their blue card status changes.
Maximum penalty: $30,960.00 (200 penalty units) or 2 years’ imprisonment
Requirements for employer giving notice about employment
Before giving a notice about the employment or proposed employment of a person, an employer must take reasonable steps to verify the person’s identity. For example the employer views the person’s working with children card that may include the person’s photograph or the employer views the person’s driver’s licence that includes the person’s photograph.
Restricted persons and restricted employment
An employer must not employ or continue to employ a person in restricted employment if:
- The employee is a restricted person; and
- The employer knows, or ought reasonably to know, the employee is a restricted person.
Maximum penalty: $30,960.00 (200 penalty units) or 2 years’ imprisonment
Disqualifying offence
You must not employ a person in regulated employment if you have been notified that the employee’s working with children clearance (blue card) has been deemed withdrawn because they have been charged with a disqualifying offence.
Maximum penalty: $30,960.00 (200 penalty units) or 2 years’ imprisonment
Negative notice
You must not employ a person in regulated employment if you are aware that a current negative notice has been issued to the employee.
Maximum penalty: $30,960.00 (200 penalty units) or 2 years’ imprisonment
Working with children clearance cancelled
You must not employ a person in regulated employment if you have been notified that their working with children clearance has been cancelled.
Maximum penalty: $30,960.00 (200 penalty units) or 2 years’ imprisonment
Disqualified person
You must not employ a person in regulated employment if you have been notified that an employee is a disqualified person and unable to perform work within regulated employment.
Maximum penalty: $30,960.00 (200 penalty units) or 2 years' imprisonment
Change in police information
You must not employ a person in regulated employment if you have been notified that, due to a change in their police information, the employee is no longer able to perform work within regulated employment.
Maximum penalty: $30,960.00 (200 penalty units) or 2 years’ imprisonment
Working with children clearance suspended
You must not allow an employee to engage in regulated employment if you know or ought reasonably know the employee’s working with children clearance is suspended.
Maximum penalty: $30,960.00 (200 penalty units) or 2 years’ imprisonment