Background
The Working with Children (Indigenous Communities) Amendment Bill 2021 (Qld) was introduced on 1 September 2021 by Mr Robbie Katter MP, Member for Traeger. The Bill proposes to amend the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 (Qld) (‘ATSIC Act’) and the Working with Children (Risk Management and Screening) Act 2000 (Qld). It intends to provide a new Blue Card framework that empowers Indigenous communities to make decisions which best serve their interests in relation to child protection and employment of community members.
Rationale for Bill
According to the explanatory notes, the Bill proposes to create a Blue Card assessment framework that overcomes current limitations by enabling local Community Justice Groups (as defined in the ATSIC Act) to make binding recommendations to the Chief Justice. The explanatory notes that these limitations include that there is no mechanism to allow the local community to have an input in the issuing of Blue Cards for employment in that community, no mechanism exists that recognises behavioural improvements, there is not current timeframe for the issuing of a Blue Card in the current application process, and the current application process does not allow applicants to undertake work while their application is being considered.
Changes proposed
The Bill proposes to enable a Community Justice Group to make recommendations for the issuing of a restricted working with children clearance or an interim restricted working with children clearance. The Chief Executive would have 5 business days upon the receipt of an application to notify the Community Justice Group. The Community Justice Group would then have an 8 week period in which to make this recommendation.
This restricted working with children clearance or interim restricted working with children clearance would be in relation to work within the Community Justice Group’s specific community. This is to ensure that there is still an opportunity for individuals with previous criminal offences to lodge an application for a Blue Card. This would ensure that Community Justice Groups are able to use their judgment based on their knowledge of the specific circumstances of the individual. The relevant criminal offences that would be considered under the new framework include offences under ss 409, 419 and 427 of the Criminal Code Act (Qld) and ss 5, 6, 8 and 9D under the Drug Misuse Act 1986 (Qld).
When making a recommendation, the Community Just Group would be required to have regard to police information, the applicant’s previous work with children, social standing and participation in the community area, and the possibility that if not making the recommendation would have a negative economic or social impact on the community area’s inhabitants.
The closing date for written submissions is 5:00pm 22 November 2021 and the Safety Committee is due to table its report on 1 March 2022.