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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.

What is this factsheet? 

This factsheet sets out the process for making a claim for unpaid entitlements under the Fair Work Act 2009 (Cth) (the FWA) in the Federal Circuit and Family Court (Division 2) (the FCFC).  

This factsheet only covers claims for employees covered by the Fair Work system. See the Fair Work Ombudsman’s guidance on the Fair Work system for more information. 

What is an unpaid entitlements claim? 

You may have a claim for unpaid entitlements if your employer or former employer has not paid you any amounts you are legally entitled to, and which are connected to your employment. 

For example, your employer may have underpaid you (or not paid you at all): 

• your wages – i.e. the amount you are owed for performing work. For example, they might have paid you at the incorrect rate of pay, not paid you overtime, or not paid you penalty rates; or 
• other entitlements, for example amounts owed for leave, breaks, commission, or allowances. 

There must be a legal basis for the entitlements you say you are owed. For example: 

• the National Employment Standards (the NES) in FWA (see from s 59) – which contain the minimum safety net entitlements; 
• a contract of employment – if you have one (either written or verbal); 
• an Award or Enterprise Agreement – if such an instrument covers your employment;  
• a National Minimum Wage Order – if one applies; and/or  
• a workplace determination or equal remuneration order made by the Fair Work Commission – if one applies. 

If your employer or former employer has not paid you your entitlements, they may have contravened the following sections of the FWA: 

• section 44 – if they contravene the NES; 
• section 45 – if they contravene the term of an Award; 
• section 50 – if they contravene an Enterprise Agreement; and/or 
• section 323 – if they do not pay you in full amounts payable in relation to the performance of work. 

What should I do first? 

Letter of demand 

We recommend that before you start court proceedings, you should try to resolve your claim outside of court.   

To do so, we would recommend sending a letter of demand to the employer. Sending a letter of demand can often result in a successful outcome, without the need to take further steps. 

Generally, a letter of demand for unpaid entitlements should include the following: 

• the background to your claim – i.e. what has happened to date; 
• the unpaid entitlement/s claimed and its legal basis – e.g. overtime under your contract of employment; 
• the amount you are claiming; 
• a demand for payment of the amount by a specified date; and 
• the next steps you intend to take if the employer does not pay you the amounts demanded – e.g. starting court proceedings. 

Contact the FWO 

You may wish to raise your concerns about unpaid entitlements with the Fair Work Ombudsman (the FWO) by submitting an online enquiry or calling them. The FWO may be able to help you to resolve your unpaid entitlements claim without you having to commence court proceedings. 

Contact the ATO 

If your matter relates to superannuation, you can make a complaint to the Australian Taxation Office (the ATO). 

What if I can’t resolve the matter outside of court? 

If you cannot resolve the matter outside of court, you may wish to consider starting court proceedings. 

Before starting proceedings, you should consider that court proceedings are likely to be stressful and time-consuming and can take many months from start to end. If you are representing yourself, you will also need to prepare court documents, prepare evidence, and appear at court hearings. You will also have to pay court fees, unless you can get a fee waiver, and there is a risk (although limited) that you will have to pay the employer’s legal costs in some situations. 

Time limit for starting proceedings 

The time limit for starting a court proceeding claiming unpaid entitlements is 6 years from the date that the entitlement was meant to be paid. 

For example, if you were not paid an amount that was due to be paid on 1 July 2024, you must start court proceedings in relation to claiming that amount by 1 July 2030.  

This time limit is calculated from each separate occasion or instance where you are claiming an unpaid entitlement. For example, if you were paid the incorrect rate of pay for an entire year, every pay period in that year would be a separate instance when you are calculating your time limit to start proceedings. For this reason, it is often useful to focus on the first instance of an unpaid entitlement and use that as a deadline to give yourself for when you need to commence any proceeding. This ensures that you stay within the time limit for every unpaid entitlement that comes after that initial date. 

Where should I start court proceedings? 

You can start an unpaid entitlements claim in the FCFC. 

If your claim is less than $100,000 (previously $20,000 before 1 July 2023), you may choose to commence proceedings under the FCFC’s small claims procedure. The procedure is more informal than under the general Fair Work division, making it more accessible to self-represented litigants.  For example, matters are managed by a registrar rather than a judge, and companies cannot be legally represented without the court’s permission. For more information, see the FCFC’s guidance. 

If your claim is for $100,000 or more, or you do not want to proceed under the small claims procedure, you could start proceedings in the general Fair Work division of the FCFC. 

You could also start proceedings in the Federal Court of Australia (FCA) – however, the FCA generally only hears claims that are large and/or complex. 

In Queensland, you may be able to commence proceedings in the Queensland Industrial Relations Commission (QIRC), Industrial Magistrates Court of Queensland, or the Magistrates Court of Queensland. This is not covered in this factsheet, but you can see the QIRC’s guidance for more information. If you are in another State or Territory, you should seek advice about whether you can commence proceedings outside the Federal Courts system. 

How to make a small claims application 

To apply to the FCFC under the small claims procedure, you must file: 

1. an Application form – Fair Work Division;  and 
2. a Form 5: Small claim under the Fair Work Act 2009, annexing any supporting evidence.  

Once you have completed these forms, you will need to file your application with the Court. This can be done online through the court’s electronic filing system, in person or, in certain circumstances, by email.  

When you file your documents, you will need to pay a filing fee. A list of the payable fees is available on the FCFC’s website. In some circumstances, you may be exempt from paying court fees, for example if you are a concession card holder or experiencing financial hardship. Further information on fee exemptions, see our fee waiver guide.  

In your forms, you will need to outline your claim for unpaid entitlements and identify the correct party (or parties) to bring the proceedings against (usually your employer). In certain circumstances, you may be able to bring proceedings against other people (e.g. a director, human resources manager, etc.) involved in the underpayments under the accessorial liability provisions (FWA s 550).   

After filing your forms, you must ‘serve’ the application on your employer along with any other party you have commenced proceedings against (known as the respondent/s). This means providing a copy to your employer so they can respond to your claims. This must be done at least seven days before the date of the first hearing. After the documents have been served, you will need to complete an Affidavit of service. Further information about service is available in our service factsheet.  

Small claims hearings 

Generally, your first court date will be within few months of your claim being filed. Small claims matters may be resolved at the first hearing. However, you may be ordered to attend a conciliation conference, or the hearing may be adjourned (postponed) to a later date. You may be asked to do certain things before your next hearing, for example, file more evidence or documents.      

If your matter is referred for a conciliation conference, you must attend and participate in the process. A conciliation conference is a type of court-ordered mediation and allows you and the employer to meet and work with a Registrar in an attempt to come to a resolution with each other without the need to continue through a formal court process. You should be prepared to present your case at the conciliation conference and have a general idea of what you would be prepared to accept to resolve the dispute. If your matter is resolved at the conciliation conference stage, you will not need to attend the final hearing before a judge.  

If you are not able to resolve the matter through conciliation or at the first hearing, your claim will generally be heard and decided by a judge. You may need to attend a directions hearing or mention before your final hearing to set up a timeline for next steps in your proceedings. 

How to make a claim in the Fair Work Division  

For claims for unpaid entitlements over $100,000, or where you do not elect to be covered by the small claims procedure, proceedings should instead be commenced in the Fair Work Division of the FCFC.  

To commence proceedings, you will need to file and serve: 

1. an Application form – Fair Work Division; and  
2. an affidavit outlining your statement of facts and including any documentary evidence you intend to reply upon.  

Alternatively, statement of claim or points of claim may be filed with the Application form instead of an affidavit. This should be done in accordance with Part 16 of the Federal Court Rules 2011 (Cth). 

Please see above under “How to make a small claims application” for information about accessorial liability, filing and serving.  

Fair Work hearings 

After your documents have been filed, you will be given a first court date. This will be a directions hearing to set up a timeline for your court proceedings. A final court date may be set in addition to other orders such as when you need to file certain documents.  

You may have further directions hearings or an interlocutory hearing to deal with a specific issue before your final hearing. The final hearing is where you present your case to the judge. Further information on what to expect at different hearings is available on the FCFC’s website. You may also be ordered to attend a conciliation conference before the final hearing.  

Outcomes of unpaid entitlements claims 

You may be able to settle your dispute with your employer through informal negotiation with your employer or a court-ordered conciliation if you have commenced proceedings.  

However, if your claim is not able to be resolved through alternative dispute resolution, then your matter will be decided by the court. 

The court may order that part or all of your claimed unpaid entitlements be paid by your employer. For information on how to enforce an order, see Enforcement of monetary decisions in the Federal Circuit and Family Court. 

However, if you are unsuccessful, in limited circumstances, the court may order you to pay the other party’s legal fees (also known as costs). Generally, parties in Fair Work matters pay their own costs regardless of the outcome. However, you may be liable to pay costs if the proceedings were started vexatiously or without reasonable cause. 

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.