Applying to QCAT for review of a Blue Card related decision (after 20 September 2025)

This factsheet is for applicants who commence their review proceedings in QCAT after 20 September 2025. If you commenced your proceeding before 20 September 2025, please click here.

If you were given a negative notice between 23 August 2025 and 19 September 2025 and have not applied to QCAT for a review of the decision. You may be eligible to ask Blue Card Services to redetermine your application under the amended Act. Check your negative notice for details or contact Blue Card Services. If you need legal advice, please apply for our assistance here.

The Queensland Civil and Administrative Tribunal (QCAT) can review certain Blue Card related decisions made under the Working with Children (Risk Management and Screening) Act 2000 (Qld) (WWC Act)

This factsheet is written for persons who are unfamiliar with that legislation.

Blue Card Services

• Blue Card Services (BCS), a public service unit administered by the Department of Justice and Attorney-General. Since 1 October 2016, the Department is responsible for regulating the issue of Blue Cards and Exemption Cards, which are mandatory for people employed or volunteering in certain child-related positions in Queensland. Blue Card Services was previously administered by the Public Safety Business Agency.
• Blue Cards are issued to eligible persons working or volunteering in regulated areas, including sport, education, childcare services and the care of children under the Child Protection Act 1999 (Schedule 1 WWC Act).
• Exemption Cards are issued to eligible registered teachers and police officers in Queensland providing regulated services to children outside of their professional duties.
• When the BCS receives a Blue Card application, BCS must either approve the application or refuse the application. If the application is refused, a negative notice must be issued (section 226 WWC Act).
• In some cases, BCS must issue a Blue Card unless they are satisfied that the person poses a risk to the safety of children (section 230 (2) WWC Act). That may happen, for example, if a person has been convicted of an offence other than a serious offence (as defined in Schedule 2 WWC Act). In this instance, Blue Card Services will conduct a risk assessment (section 230 (3) WWC Act) 
• In other cases, BCS must issue a negative notice unless the case is exceptional (section 229 WWC Act). That may happen, for example, if a person has been convicted of a serious offence or was previously classified as a disqualified person.
• If a person does not agree with a decision of BCS about a Blue Card, the person may be able to apply to QCAT for review of the BCS decision.

Applying to QCAT for review of a BCS decision

• A person can only apply to QCAT for review of a BCS decision if the person is not disqualified from applying under the WWC Act. Also, only certain BCS decisions can be reviewed by QCAT (sections 353 and 354 WWC Act).

• BCS decisions that can be reviewed by QCAT are called chapter 8 reviewable decisions and are set out in section 353 WWC Act. They include, for example, a decision to issue a negative notice.

What is the limitation period to apply to QCAT?

• A limitation period is the length of time within which legal action must be started. If legal action is not started within that time, a person may be prevented from commencing any action, even if it has legal merit.

• A person applying to QCAT for review of a BCS decision must file a review application in QCAT generally within 28 days from the day the person receives notice of the decision (sections 353 and 354 WWC Act).

• QCAT may grant an extension of time for a person to file a review application in certain circumstances (section 61 QCAT Act).

QCAT review of Blue Card related decisions

• QCAT decides to review applications by way of a fresh hearing (section 20 QCAT Act).

• A review by QCAT is undertaken under the principle that the rights and well-being of children are paramount (section 360 WWC Act). That means that the right of children to be protected from risk of harm prevails over a person’s right to hold a Blue Card.

• Like BCS, QCAT also applies the law set out in the WWC Act. For example, if QCAT is reviewing a decision to cancel a Blue Card because a person’s police information has changed, QCAT must conduct a risk assessment to decide whether a person poses a risk to the safety of children.

Risk Assessment (section 232)

• • QCAT conducts a risk assessment by:
    • Considering any assessable information which includes:
      • Police information
      • Domestic violence information
      • Disciplinary information
      • Adverse interstate WWC information; and
      • Other information the Chief Executive reasonably believes is relevant to deciding whether the person poses a risk to the safety of children
    • If the matter is referred to an advisory committee – considering the advice or recommendations of the advisory committee.
    • If an expert advisor is appointed – considering the advice of the expert advisor.
    • Deciding whether the person poses a risk to the safety of children, by applying the reasonable person test (see below).

• • In deciding whether a person poses a risk to the safety of children, QCAT will consider the below factors in relation to the conduct and alleged conduct disclosed in the assessable information (section 234 WWC Act): 
    • the nature, gravity and circumstances of the conduct;
    • how the person’s conduct is relevant to engaging in regulated employment or the carrying on of a regulated business;
    • how long ago the person’s conduct occurred;
    • if the person’s conduct involved the commission of an offence or another act against another person (the victim) –
      • the victim’s vulnerability at the time of the conduct; and
      • the age difference between the person and the victim at the time of the conduct; and
      • the person’s relationship to, or position of authority over, the victim at the time of the conduct;
    • whether the person’s conduct indicates a pattern of concerning behaviour;
    • the person’s conduct since the conduct
    • if the person is 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 the person in, or in relation to, the application;
    • any other circumstances relevant to the person’s conduct;
    • any other matters the chief executive considers relevant.

• • For QCAT to decide that a person poses a risk to the safety of children, they –
    • Must be satisfied there is a real possibility that the person will pose a risk to the safety of children; and
    • Does not need to be satisfied that it is likely the person will pose a risk to the safety of children.

The reasonable person test (section 233)

• QCAT may decide a person does not pose a risk to the safety of children only if they are satisfied that a reasonable person would allow their child to have direct contact with the person –
  • • whether supervised or unsupervised by another person; and
    • while the person is engaged in regulated employment or carries on a regulated business.

• Direct contact means contact between a person and a child that involves one or more of the following forms of contact: physical, face to face, contact by phone, post or email or other forms of written, oral or electronic communication.
• QCAT decisions about Blue Card review proceedings are published by the Queensland Supreme Court Library and can be found here.

QCAT pre-hearing process

• When QCAT receives a valid application seeking review of a BCS decision (QCAT Form 23), QCAT serves a copy of the application on BCS.

• Within 28 days from receiving a copy of the review application, BCS must file in QCAT a written statement with reasons for the decision (section 21 QCAT Act).

• The BCS statement of reasons includes all documents and information that BCS used to make its decision, including for example information received from the police, Director of Public Prosecutions, Corrective Services, Child Services, the Mental Health Court and the Mental Health Review Tribunal.

• QCAT may make orders about how a review of application will progress and direct the parties to attend one or more compulsory conferences.

• QCAT cannot suspend a BCS decision until a review application is decided (section 354 WWC Act). That means that the filing of a review application in QCAT does not affect the operation of a BCS decision.

QCAT hearing

• The hearing of a Blue Card review application is held in private, and only persons authorised by QCAT are allowed to attend. The parties present at a hearing are usually the applicant, a BCS representative, lawyers if the parties are legally represented, support persons and witnesses while they are giving evidence (section 361 of the WWC Act).

• There are special provisions in the QCAT Act and the WWC Act about special witnesses giving evidence, including children and people who QCAT consider may be disadvantaged due to a mental, intellectual or physical impairment (section 99 QCAT Act; sections 364- 367 WWC Act).

• QCAT decisions involving children or vulnerable people are de-identified if they are published, to protect the identity of these parties. However, other details of the case may be published unless QCAT makes a non-publication order.

• QCAT may make a non-publication order on its own initiative, or if a party to the proceeding applies for the order (section 66 QCAT Act; QCAT Form 40).

Post hearing process

• QCAT may decide a review application at the hearing or deliver its decision at a later date, for example if the presiding member needs more time to consider the matter or gather information.

• When deciding the application QCAT may either:
  • confirm a BCS decision;
  • amend a BCS decision;
  • substitute a BCS decision by its own decision; or
  • set aside a BCS decision and return the matter to BCS for reconsideration, with any directions QCAT considers appropriate (section 24 QCAT Act).

• If QCAT grants a review application, BCS cannot issue a Blue Card until the limitation period to appeal the decision (section 143 QCAT Act) has lapsed (section 354A WWC Act).

Appeals

• Appeals are very technical legal proceedings. Appeal rights, either to the QCAT Appeal Tribunal or to the Queensland Court of Appeal, will depend on whether the appeal relates to a question of law or fact, and whether a matter was heard by a judicial member.

• If a person is considering appealing a QCAT decision, it is strongly recommended that the person apply for reasons for the decision and obtain legal advice before filing an appeal.

• A person can request written reasons for a QCAT decision within 14 days from the decision taking effect (section 122 QCAT Act). A decision generally takes effect on the date it is made, unless QCAT provides otherwise.

For more information, refer to the Appeals factsheet on the LawRight website.

Costs

• There is no filing fee to apply to QCAT for review of a Blue Card decision of BCS.
• For information about costs orders, refer to the Costs in QCAT factsheet on the LawRight website.

The information in this resource is for general information purposes only and should not be relied on as legal advice. If you need legal advice, please contact LawRight or another lawyer. LawRight can only give advice to people who are eligible for our services.