Volunteers, Teachers, Health Practitioners, Police Officers, and Support Workers – these are just a few of the various occupations that may require a Blue Card or Yellow Card. A Blue Card and Yellow Card are critical if you considering or are currently working or volunteering in a regulated child-related or disability-related role.
But what happens when your application for a card has been rejected, or your card is revoked?
The Role of QCAT
The Queensland Civil and Administrative Tribunal (QCAT) is an independent tribunal which reviews a wide range of administrative decisions from various government agencies, officers, regulatory authorities, and registrars.
QCAT can conduct reviews for individuals who feel state government agency decisions are inaccurate, including Blue Card and Yellow Card decisions.
Can I apply for a review?
A decision letter will be provided outlining the decision made and your review rights, including whether a decision can be reviewed.
For Blue Cards, you may apply to QCAT to review a decision:
- issuing a negative notice or refusing to cancel a negative notice
- suspending your Blue Card because:
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- you were charged with an offence;
- you have applied to Blue Card Services to end the suspension;
- Blue Card Services has decided to continue the suspension; and
- you claim you are not the person subject of the offence, action or other information that has triggered the suspension.
For Yellow Cards, you may apply to QCAT to review a decision:
- to issue an exclusion to a person
- not ending an interim bar decision imposed on a person until application decided
- not ending suspension of persons clearance
While it is important to apply within the review period of when you are notified of the decision, QCAT may grant a time extension upon application.
What happens after I apply for a review?
Following application, QCAT will examine relevant evidence from the applicant and government agency to form an independent decision. This includes reasons for the original decision, relevant supporting document, witness statements, and expert reports.
A proceeding will be organised by QCAT. The type of proceeding ultimately depends on the type of dispute at question, but can vary from mediations, compulsory conferences, a directions hearing, or a final hearing.
Should a hearing be held, QCAT has the power to:
- send the case back to the original decision maker for reconsideration
- affirm a decision from the original decision maker
- vary a decision from the original decision maker
- set aside a decision from the original decision maker and substitute a new decision
Why should I seek assistance?
Engaging a solicitor can help with the daunting and unfamiliar review application process. Solicitors can collect evidence, write submissions, and help prepare you for proceedings. Beyond preparation, a solicitor can represent and appear on your behalf during proceedings.
With extensive experience assisting clients with Blue and Yellow Card applications, Robertson O’Gorman Solicitors is prepared to help you every step of the way, from drafting submissions to representing clients at hearings. Our commitment to putting forward your best interest, alongside our expertise, ensures the best outcome for you.