Changes to the Working with Children Act now require lawyers providing legal services to children to obtain a blue card from 20 September 2025.
Part 5 of the Working with Children (Risk Management and Screening) and Other Legislation Amendment Act 2024 (Amendment Act) will take effect from 20 September 2025.
The Amendment Act removes the exemption lawyers had from complying with the several requirements of the Working with Children (Risk Management and Screening) Act 2000 (WWCA1).
Lawyers and other legal professionals will now need a blue card if they are providing services to children in relation to court or other legal proceedings as this will now be considered ‘regulated employment’ under the WWCA.
Business owners and operators – including an executive of a law firm – will also need a blue card if the business or law firm provides legal services to children, particularly where those services involve online or phone support, or where the staff member is alone with a child2.
Additionally, businesses will be required to keep a register about persons employed in regulated employment.3
Lawyers who are already providing legal support services to children will have a 12-month grace period within which to apply for a blue card (i.e. until 20 September 2026).4
However, lawyers who are not performing these services prior to 20 September 2025 will, from this date, be required to hold a Blue Card before they can start providing such services.5
To support effective implementation of the Amendment Act, the Department of Justice has been instructed by the Attorney-General to process all blue card applications in a timely manner to ensure those persons who are required to obtain a Blue Card in readiness for 20 September 2025 are able to do so.
The average turnaround for applicants with no criminal history is between two and three business days.
The amendment act makes a number of other changes to the way the blue card system operates.
Further information is available on the department’s blue cards for legal professionals page.
- Under the WWCA, employment is “regulated employment” if it is of a type listed in schedule 1, part 1. The Amendment Act, per section 127, amends section 6 of Schedule 1 to include legal services. ↩︎
- Under the WWCA, a “regulated business” is a type of business listed in schedule 1, part 2. The Amendment Act, per section 132, amends section 15 of Schedule 1 to include legal services. Also see new section 18B in schedule 1 relating to justice and detention services. ↩︎
- See new Chapter 10, Part 1. ↩︎
- See new Part 22, sections 612 and 617. ↩︎
- Ibid. ↩︎
Share this article