Frequently asked questions

What if I have already been screened and cleared to work with people with disability in another state?

In Queensland, under the Disability Services Act 2006, people who work for a provider funded by the Department of Communities, Disability Services and Seniors, or for an NDIS registered provider, including sole traders registered under the NDIS, require a Yellow Card.

To obtain a Yellow Card, workers including sole traders and volunteers need to undergo a criminal history check and be issued with a positive notice and Yellow Card from the Queensland Department of Communities, Disability Services and Seniors, irrespective of whether or not they have been screened in another state.

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What if I work for more than one provider?

It does not matter if a person consents to more than one application for criminal history screening from different providers at the same time.

The department will keep a register of all applications. Only one criminal history check will be conducted and only one positive notice letter and Yellow Card will be issued. All providers who have submitted applications for screening will be advised of the outcome.

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What if I already have a Yellow Card?

If a person has already undergone criminal history screening in the previous three years, they may show their positive notice or Yellow Card as evidence to the provider. In this case, the provider does not need to submit an application for screening, but must contact the department to confirm the positive notice and Yellow Card are current. In this case, Form 10-6 (PDF, 194 KB) Form 10-6 (DOC, 117 KB) should be used to verify a positive notice and Yellow Card has been issued.

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What criminal history information will the department obtain?

Criminal history screening is a national check of a person's criminal history. This includes all charges and convictions from across Australia, including when no conviction is recorded. In some cases, this may include information about current or past investigations into certain types of offences.

The Disability Services Act 2006 overrides the Criminal Law (Rehabilitation of Offenders) Act 1986, which would usually prevent disclosure of all but serious charges or convictions after a certain period of time.

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How will the department use the information?

The department will use the information it receives to determine whether or not a person should issued with a positive notice and a Yellow Card.

This decision will be made by the Director-General of the department. Staff from the department's criminal history screening area will assist the Director-General in this work.

In some instances, if a person has a criminal history, no final decision about a person's eligibility for employment will be made until the person has been advised and has had the opportunity to provide further information (a submission) in response to the department.

Once a decision is made a person will be issued with either a positive notice and a Yellow Card or a negative notice. These terms are explained below.

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What offences will affect the decision?

The Disability Services Act 2006 identifies some disqualifying offences, which automatically preclude a person from being issued with a positive notice and a Yellow Card. If a conviction for one of the disqualifying offences appears in a person's criminal history, or if the person is subject to certain offender reporting or prohibition orders, the person is known as a disqualified person. It is an offence for a disqualified person to apply for a Yellow Card. Please see the Disability Services Act 2006 for a list of disqualifying offences.

The Disability Services Act 2006 provides detailed guidance on types of offences and how they must be considered in making a decision.

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What is a positive notice?

A positive notice means a person can work for a provider funded by the department and/or an NDIS registered provider, or as a sole trader registered under the NDIS.

If an application for criminal history screening is approved, a person will receive a positive notice and a Yellow Card. A positive notice letter details a person's obligations in relation to criminal history screening. Both should be kept safe.

The Yellow Card is evidence that a positive notice has been issued to that person. The letter will detail all the obligations of the person in relation to criminal history screening. Both should be kept safe.

A positive notice remains current for three years from the date of issue, unless it is suspended or cancelled earlier because of a change in criminal history.

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What is a negative notice?

A negative notice means that a person cannot work for a provider funded by the department and/or an NDIS registered provider, or as a sole trader registered under the NDIS.

It is an offence for a department funded provider or an NDIS registered provider to employ a person with a negative notice.

A negative notice remains current indefinitely unless it is cancelled or is successfully appealed through the Queensland Civil and Administrative Tribunal.

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What if I disagree with the decision?

In most cases, if the person disagrees with the Director-General's decision to issue a negative notice, they may lodge an appeal with the Queensland Civil and Administrative Tribunal for a review of the decision.

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Who will have access to criminal history information?

There are strict arrangements in place to ensure the confidentiality of personal information.

Information obtained through criminal history screening will only be made available to the individual and those officers responsible for making a decision. It is unlawful for these officers to disclose the information to third parties.

The provider will be advised of the decision that is made on the basis of a person's criminal history. However, they will not be provided with any details of the criminal history or the reasons for the decision. All information will be stored safely and securely.

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What if my question has not been answered?

If you have not been able to find the answer to your question, please email your question to criminalhistoryscreening@disability.qld.gov.au.

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