Working with Children (Risk Management and Screening) and Other Legislation Amendment Bill 2018
Plain English Summary
Overview
This bill implements Queensland's 'No Card, No Start' policy, requiring everyone to hold a blue card (working with children clearance) before starting child-related work. It modernises the blue card application process with online applications, creates a register of home-based care services to better monitor children's safety in foster care, kinship care and family day care settings, and expands the list of offences that permanently disqualify a person from working with children.
Who it affects
People who work or volunteer with children must now have their clearance before starting, not after. Employers face higher penalties for non-compliance. Foster carers, family day care providers and their household members face new registration and screening requirements.
Key changes
- Blue card holders must have their clearance before starting child-related work — applicants can no longer work while their application is pending
- People can apply for a blue card online without needing a job offer first, and blue cards now include a photograph
- New centralised register of home-based care services gives government agencies better visibility of children in foster care, kinship care and family day care
- All adult household members in stand-alone care services must now hold a blue card
- Disqualifying offences expanded to include bestiality, non-familial kidnapping of a child, child stealing, and the murder and rape of an adult
- People with negative notices or disqualifying charges can no longer rely on exemptions to volunteer with children
- Police officer and teacher exemptions now expire after three years and must be renewed
- QCAT decisions overturning negative notices are automatically stayed pending any appeal, preventing people from starting work before appeals are resolved
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee13 Nov 2018View Hansard
Referred to Legal Affairs and Community Safety Committee
The Education, Employment and Small Business Committee examined the bill over approximately three months, receiving ten written submissions and holding public hearings with education stakeholders, legal advocates, and child safety organisations. The committee unanimously recommended the bill be passed, finding that the reforms to the blue card system -- including the 'No Card, No Start' policy, expanded disqualifying offences, and a new online organisational portal -- were justified by the overriding objective of protecting children. LNP members filed a Statement of Reservation arguing the reforms did not go far enough and were taking too long to implement.
Key findings (5)
- Stakeholders broadly supported the bill, with the exception of Sisters Inside which opposed the 'No Card, No Start' policy as unnecessarily punitive
- Education stakeholders raised concerns about processing timeframes under the 'No Card, No Start' policy, emphasising that schools often need to employ staff at short notice
- The committee found that the bill's restrictions on employment rights and expanded penalties were proportionate to the policy objective of protecting children from harm
- LawRight raised concerns that the automatic stay of QCAT decisions overturning negative notices would further disadvantage marginalised applicants
- The committee noted the importance of the proposed online organisational portal in reducing administrative burden and improving notification of changes to blue card status
Recommendations (1)
- The committee recommends the Working with Children (Risk Management and Screening) and Other Legislation Amendment Bill 2018 be passed.
Committee report tabled
▸Second Reading15 May 2019View Hansard
Vote on a motion
Vote on a motion debated during this sitting day; the specific motion content does not appear in the bill debate transcript.
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (37)
Noes (46)
▸33 members spoke32 support1 mixed
Spoke in support of the bill as delivering on the Palaszczuk government's no-card no-start election commitment and strengthening the blue card system to improve child safety.
“The bill exemplifies the Palaszczuk government's continual commitment to shaping the future of Queensland's wonderful children through stronger and safer services, as well as improving job satisfaction and employment across Queensland in the sector, through the improved online application process.”— 2019-05-16View Hansard
As Attorney-General, introduced the bill to implement recommendations from the Royal Commission into Institutional Responses to Child Sexual Abuse, strengthening the blue card system.
“This bill delivers on the Palaszczuk government's commitment to keeping children safe by strengthening the blue card system in response to the Royal Commission into Institutional Responses to Child Sexual Abuse.”— 2019-05-15View Hansard
Supported the bill but expressed concerns about glaring omissions in disqualifying offences, including incest, rape, drug-dealing offences, cruelty to children, and the lack of international criminal history checks.
“We do support the bill apart from those few matters I just mentioned.”— 2019-05-16View Hansard
As shadow Attorney-General, supported the bill but flagged the need for LNP amendments to strengthen provisions around information sharing and the no-card register.
“The LNP will be supporting this bill. However, during consideration in detail we will be moving a number of amendments to strengthen the bill.”— 2019-05-15View Hansard
Supported the bill while advocating for LNP amendments to expand disqualifying offences, remove the eligibility declaration, and compel disclosure of international criminal history.
“Keeping our children in Queensland safe must be our priority. That is why in supporting the bill we look forward to ensuring that children in Queensland are safe.”— 2019-05-16View Hansard
As chair of the Education, Employment and Small Business Committee, reported on the committee's examination and recommended passage of the bill.
“The committee recommended that the bill be passed.”— 2019-05-15View Hansard
Supported the bill, drawing on his experience as a volunteer coordinator and comparing blue card requirements to nursing registration. Dismissed the opposition's criticism as opposing for opposition's sake.
“This bill will lead to greater safety for kids and more efficiency for employers, workers and volunteers.”— 2019-05-16View Hansard
Supported the bill as a deputy chair of the committee but argued for stronger amendments, particularly around the no-card register and information sharing.
“Whilst the LNP supports the intent of this bill, we believe there are areas that require strengthening to better protect children.”— 2019-05-15View Hansard
Supported the bill but strongly urged all members to support the LNP amendments to strengthen protections, particularly expanding disqualifying offences. Criticised the government for delay in implementing the no-card no-start policy.
“While I will not be opposing the bill, I implore all members to properly consider the amendments foreshadowed by the LNP, because their sole intent is to strengthen protections for our children.”— 2019-05-16View Hansard
Supported the bill as a committee member, highlighting the importance of implementing Royal Commission recommendations.
“I commend the bill to the House.”— 2019-05-15View Hansard
Supported the bill as critical to protecting vulnerable children, detailing the committee examination process and the bill's objectives including the no-card no-start commitment.
“As members of the 56th Legislative Assembly, it is up to us to support this legislative reform to enforce strong future legislation to uphold the safety and wellbeing of all children living in Queensland.”— 2019-05-16View Hansard
As Leader of the Opposition, supported the bill but criticised the government for delays in implementing Royal Commission recommendations and argued the LNP amendments would strengthen the bill.
“The LNP supports this bill because protecting our children is above politics, but we believe the government should have acted sooner and gone further.”— 2019-05-15View Hansard
Supported the bill's expansion of disqualifying offences and no-card no-start requirement, but criticised the government for taking too long to implement the policy and for not going far enough on overseas criminal history checks.
“Without pre-empting debate on the proposed amendments, ideally, this government should consider the LNP's suggestion to strengthen the overseas record check requirement and extend the range of disqualifying offences.”— 2019-05-16View Hansard
Supported the bill, drawing on her background in law enforcement to highlight the importance of strengthening the blue card system.
“As a former police officer, I know how important it is that we have a robust system to screen those who work with our most vulnerable.”— 2019-05-15View Hansard
As Minister for Communities and Disability Services, supported the bill for strengthening both blue card and yellow card systems, and delivering the no-card no-start election commitment.
“Every time we make the places safer where children go, we make our community better. We make it a place where we all thrive.”— 2019-05-16View Hansard
Supported the bill but advocated for the LNP amendments to strengthen provisions, particularly around information sharing between agencies.
“I support this bill but believe the LNP amendments will make it even stronger in protecting Queensland children.”— 2019-05-15View Hansard
Supported the bill while advocating for the LNP amendments to expand disqualifying offences and require international criminal history disclosure. Acknowledged the blue card system as one all Queenslanders should be proud of.
“As has been said by previous opposition speakers, the LNP will not oppose the bill. I will certainly be supporting the amendments as proposed by the shadow Attorney-General.”— 2019-05-16View Hansard
Supported the bill, emphasising the importance of child safety reforms drawing on her experience in education.
“As a former school principal, I understand the critical importance of the blue card system in protecting children in our schools and communities.”— 2019-05-15View Hansard
Supported the bill as delivering on the government's election promise and strengthening Queensland's already strong blue card system through the no-card no-start policy and home-based care register.
“This legislation proves that the Palaszczuk government takes the safety and wellbeing of children seriously by strengthening Queensland's blue card system.”— 2019-05-16View Hansard
Supported the bill on behalf of Katter's Australian Party, agreeing with the need to strengthen the blue card system.
“The KAP will be supporting this bill. Protecting children is something that should unite everyone in this House.”— 2019-05-15View Hansard
Supported the bill as LNP shadow minister for communities but strongly criticised the government's delay in bringing the legislation forward and argued the bill did not go far enough without LNP amendments.
“It is only the Liberal National Party that will always put the interests of Queensland children first and foremost. We will always deliver for safe communities.”— 2019-05-16View Hansard
Supported the bill as Minister for Police, highlighting the improvements to information sharing between agencies.
“This bill will ensure that our law enforcement agencies have the tools they need to keep children safe.”— 2019-05-15View Hansard
As Minister for Child Safety, supported the bill and defended the government's record on child safety investment. Criticised the LNP for cutting $200 million from the child safety system when in government.
“The regulation of blue cards must be based on the unalterable principle that the safety of children is paramount.”— 2019-05-16View Hansard
Supported the bill but strongly criticised the government for not going far enough, particularly in relation to the no-card register and penalties.
“Whilst I support this bill, I am deeply concerned that the government has not gone far enough to protect our children from those who would do them harm.”— 2019-05-15View Hansard
Supported the no-card no-start policy based on his 17 years of experience at PCYC, but raised concerns about processing timeframes and urged the government to invest in a timely system.
“The protection of our children is paramount. We must do everything we can to ensure the safety of all children in Queensland by having robust and efficient systems.”— 2019-05-16View Hansard
Supported the bill, highlighting the importance of the blue card system reforms for protecting children in regional communities.
“I commend this bill to the House.”— 2019-05-15View Hansard
As Minister for Education, supported the bill and defended the government's careful consultation process. Emphasised the scale of the reform affecting 740,000 blue card holders and criticised the opposition for wanting to rush changes.
“Ensuring the safety of Queensland children is the Palaszczuk government's highest priority. This is why we made a commitment during the 2017 election campaign to implement the no-card no-start policy—the first state government to do so.”— 2019-05-16View Hansard
Supported the bill and endorsed the LNP amendments, highlighting the need for stronger child protection in rural and remote communities.
“I support this bill and the LNP amendments that will strengthen child protection across Queensland, including in our rural and remote communities.”— 2019-05-15View Hansard
Registered strong reservations about the no-card no-start policy, arguing it would disproportionately impact Aboriginal and Torres Strait Islander people and those with minor criminal histories. Supported the LNP's watch house amendments but not their disqualifying offences amendments.
“We are concerned that this change has not been thought through, that it will shut out people who have minor criminal histories from getting a foothold in social service jobs and that it will have an outsized impact on Aboriginal and Torres Strait Islander people who already face especially high and well-recognised barriers to getting and keeping blue cards.”— 2019-05-16View Hansard
Supported the bill as delivering on the government's no-card no-start election commitment and praised the streamlined application process allowing people to apply without an employer link.
“Speaking not just as a member of this chamber but, like many in this chamber, as a proud parent, I know that there is an expectation from our community that we will ensure this legislation protects our children.”— 2019-05-16View Hansard
Supported the bill as a committee member, praising the no-card no-start policy and the modernisation of the application process including photographs and online processing.
“I think everyone in this House has the safety of children as their No. 1 priority.”— 2019-05-16View Hansard
Supported the bill as delivering on Labor's election commitment and widening the range of disqualifying offences to include bestiality, kidnapping, child abduction, and rape and murder of adults.
“These changes ensure that no person in this state can commence work with children in child care or education, sport or cultural activities without first meeting the eligibility requirements to obtain a blue card prior to starting.”— 2019-05-16View Hansard
As Attorney-General, defended the bill in reply, arguing the government's amendments were evidence-based and criticising the opposition's amendments as lacking consultation and having unintended consequences, particularly regarding international criminal history checks.
“Our amendments are evidence based. We have looked at this issue based on the discussions at a national level, the royal commission's recommendations, the QFCC's report and all the feedback that we have had from stakeholders.”— 2019-05-16View Hansard
▸In Detail16 May 2019View Hansard
Amendment to remove the eligibility declaration process, preventing all disqualified persons from ever being eligible to apply for and hold a blue card.
Minor technical amendment inserting the word 'a' into clause 17.
Amendment to clause 17 relating to the eligibility declaration framework.
Amendment to clause 19 to replace eligibility declaration divisions, preventing disqualified persons from accessing the eligibility declaration process.
Minor technical amendment to clause 23 regarding eligibility declarations.
Amendments 3-8: New framework for blue card applicants or holders charged or convicted of a serious offence, including suspension of blue cards upon being charged with a serious offence and withdrawal of pending applications.
Amendments 12-17: Requiring applicants to disclose international criminal history including offences in jurisdictions outside Australia and whether they have lived or worked in New Zealand for 6 months or more.
Amendment to remove provision allowing disqualified persons to hold blue cards through the exemption framework (clause 49).
New clause 49A to require the chief executive to request criminal history reports from jurisdictions outside Australia, including mandatory checks for applicants who lived or worked in New Zealand for 6 months or more.
Amendments 9-10: Technical corrections and provisions that the chief executive is not required to consider lifting suspension while a serious offence charge is pending.
Amendments 11-12: Addressed the Office of the Information Commissioner's submission by explicitly prescribing circumstances for use and disclosure of information obtained under section 344A.
Amendments 15-21: Transitional arrangements for new serious offence and disqualifying offence frameworks, including reassessment of existing blue card holders convicted of newly added offences.
Amendments 23-29: Transitional amendments relating to the eligibility declaration removal and obligations arising before commencement.
Amendments 30-35: Expanded the list of disqualifying offences to include attempt to murder, conspiring to murder, choking/suffocation/strangulation in domestic setting, torture of a child, cruelty to children under 16, attempt to commit rape of an adult, assault with intent to commit rape of an adult, Commonwealth servitude offences against a child, and trafficking in children. Elevated manslaughter to a serious offence.
Amendments 36-37 to clause 86 seeking to expand the Acts amended to include legislation (Youth Justice Act), which would have limited the time children can be held in custody at watch houses to 72 hours.
That the amendments be agreed to
Vote on the LNP's amendments (moved by Mr Janetzki) to clause 86 which would have expanded the bill's scope to include provisions from the Youth Justice Act limiting the time children can be held in custody at police watch houses. The ALP, Greens and KAP voted against the amendments.
The motion was defeated.
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Ayes (38)
Noes (49)
▸1 procedural vote
Vote to grant leave
Vote on whether to grant leave for the LNP's Mr Janetzki to move an amendment outside the long title of the bill, relating to adding provisions about children held in custody at watch houses. The LNP, KAP, PHON and independent member voted in favour while the ALP and Greens voted against.
Permission was refused.
A vote on whether to grant permission — for example, to introduce an amendment or vary normal procedure.