Working with children check

To meet the requirements under the National Law and the Commission's Act, Approved Providers, Certified Supervisors and Nominated Supervisors must hold a blue card or positive exemption notice.

An individual who applies to the Department of Education and Training to be an Approved Provider or Certified Supervisor must submit a copy of their blue card, positive exemption notice or teacher registration with their application.

Under the Commission's Act, even people who operate a child-related service who may not come into direct contact with the children may still be required to obtain a blue card or positive exemption notice.

Approved Providers who are corporations or eligible associations

The Queensland Act provides some flexibility where an individual becomes an officer of an executive committee of an eligible association (e.g. parent and citizens association) or a corporation that is the Approved Provider.

Unlike individual Approved Providers, these officers do not need to provide a copy of their blue card or positive exemption notice with their application for Provider Approval. That is, provided the officer has submitted an application to the Commission, the officer may be considered to be fit and proper until that application is decided, withdrawn or lapses.

Approved Providers and Certified Supervisors from interstate

Approved Providers and Certified Supervisors who received their approval or certificate from another Australian state or territory must obtain a blue card or positive exemption notice to work or operate a child-related service in Queensland, under the Commission's Act.

Under the Commission's Act, other workers at an education and care service (e.g. educator, trainee or volunteer) are required to hold a blue card or positive exemption notice.

Those workers who are paid employees of the Approved Provider (e.g. educator) can start work at the service after their application is lodged with the Commission.

If the person is not a paid employee (i.e. a volunteer or a person running a business that regularly provides a service while education and care is being provided e.g. a contract gardener), then the person must obtain their blue card or positive exemption notice before they start work at the service.

To meet the requirements under the National Regulations and/or the Commission's Act, family day care educators and assistants who are paid employees of the Approved Provider must have a blue card or positive exemption notice.

Under the Commission's Act, a family day care educator or assistant who is a paid employee can work at the service after their application is lodged with the Commission.

The Approved Provider must record in a register evidence of a family day care educator and assistant's blue card or positive exemption notice.

Under the National Law, an Approved Provider of a family day care residence must ensure that adults (18 years or older) living at a family day care residence are fit and proper people to be in the company of children.

Under the National Regulations, the Approved Provider must assess this by considering either the adult resident's:

• blue card or positive exemption notice (in Queensland an Approved Provider can apply to the Commission for this check for an adult resident, free of charge)
• criminal history check (issued not more than six months before it is considered)
• a current teacher registration.

An Approved Provider must also require each family day care educator to notify the Approved Provider of any new adult who resides or intends to reside at the service, and any circumstances that may impact on whether the adult resident is fit and proper to be in the company of children.

The National Law or Commission's Act does not mandate that visitors to a family day care residence must hold a blue card or positive exemption notice.

The National Law requires Approved Providers of family day care services to develop policies and procedures for managing visitors to a family day care residence. Family day care educators should check and comply with their Approved Provider's policies and procedures for visitors at the residence.

The National Regulations also require that a register of visitors be kept at the family day care residence, including the signature, date, and time of arrival and departure of the visitor.

It is an offence under the National Law for visitors to be left alone with the children at a family day care residence.

For more information about your obligations under the National Law, please contact the Department of Education and Training on 1800 637 711.

For more information about your obligations under the Commission's Act, please contact the Commission on 1800 113 611 or 3211 6999 or visit their website.