Queensland Law Society has registered its opposition to removing a blue card exemption for lawyers available under the Working with Children (Risk Management and Screening) Act 2000 (Qld).
The Society has made a submission to the State Government’s Education, Employment, Training and Skills Committee which is examining the Working with Children (Risk Management and Screening) and Other Legislation Amendment Bill 2024, and which is due to report next week.
The Bill, which was Introduced to Parliament by Attorney-General Yvette D’Ath on 12 June 2024, proposes to remove the exemption for lawyers or require lawyers or businesses who provide legal support services to children to obtain a blue card.
Lawyers are currently exempted due to the requirements of the Legal Profession Act 2007 (Qld) that they be admitted by the Supreme Court of Queensland (or equivalent state jurisdiction) and hold a practising certificate that is renewed annually.
QLS pointed out that to be eligible for admission, a person must satisfy the Legal Practitioners Admissions Board and the Supreme Court of their fitness to practise, and this suitability was assessed each year by the QLS as part of a practising certificate application (involving ongoing disclosure obligations).
The Queensland Family and Child Commission’s recommendation to remove the exemption did not consider what removal of the exemption would mean for the delivery of legal services to young people, nor specify the anticipated length or breadth of the delay, including any reviews or appeals, it said.
“QLS supports a 12-month transition period; however, based on the drafting of Section 612, this period will apply only to current lawyers, not to lawyers admitted following the commencement of this legislation,” the Society said.
“The distinction does not appear to be based on any recommendation and is concerning as it may lead to lawyers needing to wait a considerable period of time before being able to provide the relevant legal services to clients.”
QLS stated that removal of the exemption may impede access to legal advice and representation for young people, particularly in remote areas.
“There is the potential that some people will be left without advice, including in vulnerable places such as police stations and detention centres, if they are not able to access a lawyer who has a clearance (due to administrative or other delays in the process),” it said.
QLS stated that in the 12-month transition period, lawyers might feel discouraged from acting if there was uncertainty about an application, and following the transition period, there could be processing delays for lawyers who changed practise areas, wanted to volunteer or provide pro-bono services.
“We are aware of previous changes to the requirements for other cohorts, such as firefighters, which led to a number of people being unable to work because they had historical police information, already disclosed to and assessed by their department, which needed to be dealt with,” it said.
“This caused delays of more than 12 months in some instances (including applications to the Queensland Civil and Administrative Tribunal (QCAT) to cancel negative notices) before these people were operational again with their positive notices.”
The Society recommended the 12-month transition period apply to all lawyers for that period, and that application processing times be monitored to determine whether priority processing was required.
It also raised concern about the proposed inclusion of “legal support” within the meaning of support services, which would mean businesses such as law firms would become regulated businesses under the Act.
“This change will not only apply to law firms, but to community legal centres (CLCs), who already face resourcing issues. There is a concern that compliance requirements will lead to increased costs and administrative burdens for firms and CLCs which could impact upon service delivery in the legal assistance and pro bono sectors,” it said.
The Society also pointed to the critical need to provide additional resources to an already over-burdened QCAT should the amendments be passed.
The committee’s report is due to be tabled on Friday, August 2.
Share this article