1. Before you apply to QCAT
QCAT reviews decisions from the Blue Card Services, Department of Justice (BCS). Reviewable Blue Card Services decisions include:
- issuing a negative notice or refusing to cancel a negative notice
- cancelling a positive notice and substituting with a negative notice
- suspending a positive notice because you were charged with a disqualifying offence, when you claim you are not the person charged with the offence
(For full list of reviewable decisions please view the Working with Children (Risk Management and Screening) Act 2000)
A disqualified person cannot apply to have a blue card decision reviewed. Before applying to QCAT you must consider if you are a disqualified person. The only exception to this is a case of mistaken identity.
If you become a disqualified person during the process, QCAT can no longer consider your review. In these cases, the application may be dismissed by QCAT and the case will be closed.
Before you apply to review a decision, you must ensure the relevant decision letter issued to you is included with your application forms. The letter sets out the decision made and your review rights.
For more information on the guided process related to blue card cases please see Practice Direction 5 of 2022 - Applications for review of decisions made about blue cards.
2. If your application is urgent
The Working with Children (Risk Management and Screening) Act 2000 provides that QCAT cannot stay a blue card decision during the review process. A stay order postpones the original decision until after the review decision has been made.
If you make an application to stay the blue card decision it will be dismissed as QCAT cannot stay decisions in relation to blue cards during the review process.
3. Complete and lodge this form
To make an application for a review of a decision, complete and lodge the appropriate application form from the list below. Carefully read the form instructions, answer each question and tick an appropriate box when prompted. When you apply you must ensure the relevant reviewable decision letter issued to you is included with your application forms or the review may be delayed until the letter is provided.
There is no fee to apply for a review of a Blue Card Services decision.
Form 23 - Application to review a decision
The purpose of this form is to ask QCAT to review the decision of the relevant government agency or entity.
Form 42 - Application to extend or shorten a time limit or for waiver of compliance with procedural requirement
The purpose of this form is to ask QCAT for permission to make your application outside the 28 day or other statutory review timeframe.
4. How to lodge your application
When filing an application to review a decision, you are required to file the application and supporting material along with one copy in one of the following ways:
| enquiries@qcat.qld.gov.au | |
| In person | Queensland Civil and Administrative Tribunal or at any local Magistrates Court |
| Mail to | Queensland Civil and Administrative Tribunal |
5. Giving your application to the government agency
In blue card cases, you are not required to serve your application on Blue Card Services. QCAT will provide a copy of your application and any attachments to Blue Card Services after it has been processed.