Working with Children Check (Blue Card) Procedure

Intent

This Procedure outlines how James Cook University (JCU; the University) manages the Queensland Government’s Working with Children Check (Blue Card) requirements. The University stipulates certain positions within JCU which must hold a Blue Card or an exemption card to comply with the Working with Children (Risk Management and Screening) Act 2000 (the Act) and the Education and Care Services Act 2013.

This Procedure addresses Higher Education Standards Framework (HESF) Standard 2.3: Wellbeing and Safety.

Scope

This Procedure applies to all members of Council, staff, Affiliates, students, volunteers and contractors who undertake child-related work, or have significant exposure to children in the course of their teaching, research, work activities or study whilst at or engaged by the University.

This Procedure does not apply to the Singapore campus of JCU.

Definitions

Except as otherwise specified in this Procedure, the meaning of terms used are as per the Child Safety Policy or the Policy Glossary.

Procedures

1. Working with Children Check

1.1 The Working with Children Check assesses a person’s eligibility to hold a Blue Card or Exemption Card, and therefore their eligibility to work or volunteer in certain child-related categories of employment or business, based on their known past police and disciplinary information. It disqualifies individuals with certain offences from working with children.

1.2 Approved applicants receive a positive notice and Blue Card. Refused applicants receive a negative notice, prohibiting them from engaging in child-related activities.

1.3 A person whose application is approved is issued with a positive notice letter and a Blue Card. If a person’s application is refused, they are issued with a negative notice which prohibits them from carrying on a business or providing regulated child-related activities.

1.4 The police information of all card holders and applicants is monitored by regulatory authorities. If the information changes, immediate steps can be taken to protect children from harm. Card holders are monitored to ensure they are meeting their Blue Card system obligations and providing safe environments for children.

1.5 For further information about the Blue Card System, refer to the Blue Card Services website.

2. Blue Card Requirements at JCU

2.1 Schedule A identifies the Council Members, staff, Affiliates, students, volunteers and contractors that are required to hold a current Blue Card, and the decision authority for each category (if relevant).

2.2 Cost Responsibilities:

2.2.1 The University is responsible for application costs for staff impacted by changes to Schedule A and the inclusion of a Blue Card as an inherent requirement in their role profile after their appointment.

2.2.2 The University may reimburse costs associated with obtaining or renewing a Blue Card for staff experiencing financial hardship by applying to the Director, Human Resources. Where reimbursement is approved, the relevant organisational unit is responsible for funding these costs.

2.2.3 The staff member is responsible for application and renewal costs as follows:

a. New staff appointed to a role identified as requiring a Blue Card at Schedule A and in the role profile’s inherent requirements;

b. Where a current staff member applies for a different role within the University which is identified as requiring a Blue Card at Schedule A and in the role profile’s inherent requirements.

2.2.4 Volunteer Blue Card applications are free. If a volunteer has a Blue Card and accepts paid employment with the University which requires a Blue Card, a transfer request must be submitted to Blue Card Services, either via the online portal or paper form,  with all costs to be met by the volunteer/employee.

3. Exemption

3.1 Certain categories of persons or organisations engaged with the University may be exempt from the requirement to hold a valid Blue Card under specific conditions (Exemption) and these are detailed on the Blue Card Services website.

3.2 A tertiary teacher of an education provider (which includes TAFE and universities) does not require a Blue Card, even if some of their students are under the age of 18.

4. Applying for a Blue Card

4.1 The Blue Card Services website provides information and resources on Working with Children Checks, and facilitates the application process.

4.2 It is an offence, and for staff and students it is considered serious misconduct, to:

4.2.1 provide false or misleading information as part of an application or renewal of a Blue Card; or

4.2.2 use a false Blue Card or a Blue Card granted to another person.

5. Disqualifying and Serious Offences

5.1 The Blue Card system disqualifies certain people from applying for a Blue Card. It is an offence for a person who has been convicted of a disqualifying offence to apply for a Blue Card. A person convicted of a serious offence whilst applying for a Blue Card will also have their application withdrawn.

5.2 If a current staff member, Affiliate, student, volunteer or contractor has a Blue Card and they are convicted of a disqualifying offence and receive a term of imprisonment, their Blue Card will be automatically cancelled by Blue Card Services and a negative notice issued.

5.3 If a staff member, student, Affiliate, volunteer or contractor is charged with a serious offence, their Blue Card will be automatically suspended by Blue Card Services and they must cease child-related work at or for JCU. They must not recommence child-related work until a re-assessment has been undertaken by Blue Card Services once the charge has been finalised in court.

5.4 If a staff member, student, Affiliate, volunteer, or contractor who is applying for or holds a Blue Card have any changes to police information they must submit the change form to Blue Card Services, and stop child-related work at or for JCU. They are not to recommence child-related work until a re-assessment has been undertaken by Blue Card Services once the charge has been finalised in court.

5.5 Whilst Blue Card Services will notify employers of any negative notice or notice of suspension, the staff member, student, Affiliate, volunteer, or contractor must provide regular updates and any applicable written communication including the re-assessment decision to the University as per Clause 6 below.

6. Negative notices

6.1 Persons who are employed or otherwise engaged with the University, who are required to hold a Blue Card and are issued with a notice of suspension or a negative notice are restricted persons, and subject to the following requirements:

6.2 Where an individual is issued with a negative notice, this will be managed on a case-by-case basis, taking into consideration the circumstances of the non-compliance and the requirements of the individual’s engagement with the University:

6.2.1 for staff, Affiliates or volunteers: managed by Human Resources in consultation with the University’s Chief of Staff and the relevant work area;

6.2.2 for students by the relevant subject coordinator; and

6.2.3 for contractors: managed by the Chief of Staff and the relevant Head of Work Unit.

6.3 Ongoing employment or engagement of such individuals may be conditional upon obtaining/maintaining a Blue Card.

6.4 Individuals issued with a negative notice by Blue Card Services have the right to seek an appeal of this decision with the Queensland Civil and Administrative Tribunal (QCAT).

6.5 Where a University work unit or staff member engages a Volunteer on a formal or informal basis, and the Volunteer is required to hold a valid Blue Card, the Head of the work unit is responsible for ensuring the Volunteer complies with the requirements of the Child Safety Policy and this Procedure.

6.6 Where a research activity requires participants to hold a Blue Card, the lead researcher must submit evidence to the Human Research Ethics Committee that demonstrates that all collaborators and/or parties to the research project adhere to the Child Safety Policy and this Procedure. The lead researcher is responsible for recording Blue Card (or equivalent Working With Children Checks) information.

7. Compliance and Record Keeping

7.1 All individuals in the scope of the Procedure are responsible for maintaining their continued personal compliance with the Procedure, including:

7.1.1 Individual's Blue Card information;

7.1.2 Working With Children Check Declaration form;

7.1.3 Working With Children Check Exemption form (where relevant);

7.2 Staff, students, Affiliates, volunteers and contractors must provide appropriate documentation evidencing their compliance with Blue Card requirements and this Procedure upon request.

7.3 Blue Card Registers must be established and maintained by the following areas:

7.3.1 Human Resources is responsible for maintaining the University's Blue Card Register for staff/roles identified under Schedule A. The register template provided by Blue Card Services is recommended.

7.3.2 For contractors required to hold a Blue Card, the contractor is responsible for their organisation's compliance with this requirement.

7.3.3 For volunteers, the work unit engaging the volunteer is responsible for recording volunteer Blue Card information. The register template provided by Blue Card Services is recommended.

7.4 The University may at any point in time elect to undertake a compliance audit of its own register and that of its business units, volunteers and engaged contractors.

7.5 All records must be managed and disposed of in accordance with the University's Records Management Policy and the Information Privacy Policy.

8. Managing Non-Compliance

8.1 For staff, failure to obtain, maintain, or produce when requested, a valid, positive Blue Card will be reviewed by Human Resources, in consultation with the staff member and their line manager, and may be considered as misconduct or serious misconduct as per the JCU Enterprise Agreement.

8.2 For students, failure to obtain and maintain a Blue Card where it is a requirement within their degree program will be required to participate in a process to assess their suitability to participate, or continue, in a professional or clinical placement or to continue in that course of study.

8.3 For Volunteers or Contractors covered by this Procedure, failure to obtain, maintain or produce when requested, a valid, positive Blue Card may be considered grounds for the removal of the Volunteer or Contractor from the University grounds by JCU Security (as authorised persons appointed by the Vice Chancellor under the James Cook University Act 1997) and for termination of the relevant contract, relationship or partnership between them, or their employer, and the University.

8.4 Where the University is appropriately informed, it will take reasonable steps to ensure that:

8.4.1 Any person subject to obligations or orders, or serious disqualifying offences does not interact on a one-on-one basis, work with or care for children while their application is being processed or their Blue Card reassessed. Such action may include not permitting the person to attend a JCU campus.

8.4.2 Any person who has been issued a negative notice does not interact on a one-on-one basis, work with or care for children within the scope of this Procedure. Such action may include not permitting the person to attend a JCU campus.

Related policy instruments

Child Safety Policy

Child Safety and Child Abuse Response and Reporting procedure

Welfare and Support Arrangements for under 18 International Students Procedure

Bullying, Discrimination and Harassment Complaint Procedure for Staff and Affiliates

Staff Code of Conduct

Student Code of Conduct and Misconduct Procedures

Code of Conduct – University Council

James Cook University Enterprise Agreement

Review of a Student’s Suitability to Continue a Course Involving Placement

Related documents and legislation

Child Protection Act 1999 (Qld)

Child Protection Regulation 2023 (Qld)

Working with Children (Risk Management and Screening) Act 2000 (Qld)

Working with Children (Risk Management and Screening) Regulation 2020 (Qld)

Education and Care Services Act 2013 (Qld)

Public Records Act 2002 (Qld)

National Code of Practice for Providers of Education and Training to Overseas Students 2018, Standard 5: Younger Overseas Students

Australian Human Rights Commission National Principles for Child Safe Organisations

Department of Foreign Affairs and Trade Child Protection Policy 2018

National Statement on Ethical Conduct in Human Research (2007) - Updated 2018, Chapter 4.2: Children and Young People

Schedules/Appendices

Schedule A Applicability of Working with Children Check for staff members, volunteers and contractors (third parties)

Administration

NOTE: Printed copies of this policy are uncontrolled, and currency can only be assured at the time of printing.

Approval Details

Revision History