Other obligations under the Act

There are also ongoing disclosure requirements under section 104 of the Act. This provision states that if a person has been issued a clearance by the chief executive, but later their ‘police information’ changes they must notify the chief executive of this change. Failure to do so will render a person liable of a maximum penalty of 100 penalty units. If this occurs, or if the chief executive comes into possession of information through any other means (such as disclosure from the Queensland Police), the chief executive is able to conduct a new risk assessment of the person in light of this information.[1]

[1] Disability Services Act 2006 (Qld) s 108.

How can Robertson O’Gorman help you? 

We frequently assist clients with their Blue and Yellow Card applications. Whether that be drafting show cause submissions or representing them at hearings. We often contact Disability Services or appear in QCAT as solicitor advocate and have successfully argued for a positive notice for our clients.

The decision of ST v Director-General, Department of Justice and Attorney-General [2021] QCAT 337 is but one recent example of our firm doing this. Likewise, and depending on the complexity of the matter and the wishes of the client, we can also brief counsel in such matters. The decisions of CC v Director-General, Department of Justice and Attorney-General [2021] QCAT and HM v Director-General, Department of Justice and Attorney General [2021] QCAT are recent examples of our firm successfully arguing the reversal of a negative notice with the assistance of counsel.

Contact Robertson O'Gorman Today