Applying to QCAT for review of a blue card related decision (after 20 September 2025) 

 

This factsheet is for applicants who commence 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. 

As of 1 April 2026, the Working with Children (Risk Management and Screening) Act 2000 (Qld) was renamed the Working with Children Check Act 2000 (WWCC Act). 

The Queensland Civil and Administrative Tribunal (QCAT) can review certain blue card related decisions made under the WWCC Act. 

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

Blue Card Services 

  • Blue Card Services (BCS) is a public service unit administered by the Department of Justice. 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 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 (see Schedule 1 of the WWCC 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 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 (under section 226 of the WWCC 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) WWCC 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 of the WWCC Act). In this instance, BCS will conduct a risk assessment (section 230(3) WWCC Act). 
  • During the risk assessment, if BCS proposes to decide that the person is a risk to the safety of children, they will write to the person and request submissions. 
  • In other cases, BCS must issue a negative notice unless the case is exceptional (section 229 WWCC 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 permitted 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 WWCC Act. Also, only certain BCS decisions can be reviewed by QCAT (sections 353 and 354 WWCC Act). 
  • BCS decisions that can be reviewed by QCAT are called chapter 8 reviewable decisions and are set out in section 353 WWCC Act. They include, for example, a decision to issue a negative notice, a decision to refuse to cancel a negative notice and a decision to continue a suspension.

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 WWCC Act). For more information, see our factsheet Time limits – calculating time.
  • A guide on calculating time limits in a matter can be found here.

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 according to the principle that the welfare and best interests of children are paramount (section 360 WWCC Act). That means that the right of children to be protected from the 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 WWCC 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 WWCC Act) 

  • QCAT will conduct a risk assessment by: 
    • Considering any assessable information which includes: 
      • Police information. 
      • Domestic violence information. 
      • Disciplinary information. 
      • Unfavourable WWCC information from interstate. 
      • 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 (which we elaborate on 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 WWCC 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. 
        • the age difference between the person and the victim at the time of the conduct. 
        • 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. 
        • 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. 
      • Do 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 WWCC Act) 

  • 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. 
    • 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 bundle of documents relevant to the review (section 21 QCAT Act). 
  • The bundle of documents, known as section 21 documents 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. The bundle will also include any submissions made by the applicant to BCS. 
  • QCAT may make orders about how a review of application will progress and direct the parties to attend one or more directions hearings. 
  • During the pre-hearing process, parties will be provided with the opportunity to make Notice to Produce applications to seek copies of any documents that may be relevant to building their case. For example, it is common for BCS to make Notice to Produce applications to the police, Corrective Services, Child Services, or any other agency that might be relevant to a person’s assessable information.  
  • Parties will be given opportunities to file evidence and submissions prior to the hearing including witness statements, expert and health reports and written submissions. 
  • For further information relating to witnesses and notice to produce documents, you can view our factsheet here.
  • QCAT cannot ‘stay’ or suspend a BCS decision until a review application is decided (section 354 WWCC 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 WWCC Act). 
  • There are sections in the QCAT Act and the WWCC 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 WWCC 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. 
    • 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 WWCC 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, a copy of the transcript of the hearing 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. 

Costs 

  • There is no filing fee to apply to QCAT for review of a blue card decision of BCS. 
  • In matters before a court, the general rule is that the successful party is entitled to an order that the unsuccessful party pay their legal costs. QCAT, however, was created to be a more accessible and economical forum for resolving disputes, without the same expectation to obtain legal representation or face significant costs risks. 
  • As a result, the QCAT’s costs principles are different from the courts. In most cases, each party is responsible for their own legal fees, regardless of the outcome. 
  • In special cases however, QCAT may make other orders about paying costs, if it is required in the interests of justice. This may occur in certain categories of matters, or where a party has acted in a way that has unnecessarily disadvantaged the other party – for example, by causing delay, failing to comply with directions, or pursuing arguments without merit. 
  • For more information about costs orders, refer to our Costs in QCAT factsheet.

Resources 

For information about how to apply to QCAT for a review of a decision, including copies of forms please see: 

 

This resource was funded by a grant from the Community Legal Education Collaboration Fund 

 

Last updated: 30 June 2026

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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.