The owner of a Noosa boxing and fitness gym was convicted of operating a child-regulated business without a blue card and fined $1500 in Noosa Magistrates Court on Tuesday.
Israel Kani pleaded guilty in court to charges of carrying on a regulated business, NBO strength and fitness (formerly Noosa Box Office), between 13 July 2021 and 12 April 2023 without a working with children clearance blue card.
Police prosecutor Sergeant Alison Johnston told the court under Section 14 of the Act an executive officer, (meaning any person who takes part in the management of a corporation) operating a child-regulated business requires a working with children clearance blue card.
The court heard Kani’s criminal history included one matter that was finalised in a higher court in January this year for supplying the dangerous drug cocaine in which he received a fine of $2000 and had no conviction recorded.
His most recent offence was failure to return a cancelled blue card for which no conviction was recorded and he was fined $1000 and issued a two-year good behaviour period.
In outlining the case Sgt Johnston said on 12 July 2021 that Kani’s blue card was cancelled and a negative notice issued, outlining he was prohibited from starting or continuing in a regulated business. He returned the cancelled blue card to police on 8 July 2022 and on 8 November 2022 blue card operations identified the business NBO continued to provide services to children that are regulated by the Act.
On 30 November 2022 a representative of NBO contacted blue card services to advise that the defendant was the owner of the business in partnership with another man but that other people were coaching and training the children who attended the business.
ASIC searches conducted for blue card services indicated, on 23 September 2021 that Kani and another man were registered directors of NBO and Kani had been the sole owner of registered business Noosa Box Office which was deregistered on 30 October 2022.
Online and social media searches in 2023 showed advertising for Noosa Box Office for classes for children of boxing and fitness classes were ongoing.
On 12 April 2023 Kani attended Noosa police station to participate in an interview and was issued with a notice to appear.
Sgt Johnston said the maximum penalty for the offence was $71,875 or five years imprisonment.
“It is a serious offence because ultimately children can be put at risk. It’s not alleged the defendant is teaching the classes personally but when he’s the holder of the company and involved in the company that’s a breach and the laws as you know your honour are there for a reason.“
Kani’s defence lawyer told the court his client was a 50-year-old father of three who for the past 20 years had operated Noosa Box Office.
“He’s a successful professional boxer himself, having competed at state and national levels,“ he said.
“While he was holder of a blue card he trained a large number of children. A lot of those children were successful themselves competing at state and national levels.
“The offending is simply being the executive officer. It’s not alleged he engaged in regulated activities being involved with training children.
“When he became aware his blue card was cancelled he ceased training children. He directed that task to other members of staff.
“What’s been extremely difficult for my client is that a lot of these successful boxers he’s trained have moved on to other gyms or stopped boxing. He instructs me some of the children that have stopped boxing have taken the wrong path in life which has caused a great deal of difficulty for my client.
“The offending was more ignorance of his obligations. He thought he was doing the right thing in not engaging in restricted or regulated activities.
“He’s currently fishing to earn a living and doing some personal tutoring of adults on the side. He has the desire to re-secure a blue card and return to training children.“
Kani’s lawyer asked the magistrate to use his discretion in recording a conviction.
“A conviction recorded by the court for a blue card offence would be detrimental in requiring a blue card particularly when it’s his career and has been for 20 years,“ he said.
Sgt Johnston pushed for the recording of a conviction.
“He had no conviction recorded on the last occasion for a similar offence. He’s had a fair opportunity to not have an offence recorded in the past,“ she said.
“In respect to blue card services … they would be well aware of his involve whether there is a conviction recorded or not.“
In summing up the case Magistrate Callaghan said:
“Mr Kani it seems you were charged with serious drug offences.
“Your blue card was cancelled. You were placed on a good behaviour bond for two years.
“You continued to be executive officer without a blue card. It’s serious offending and must be seen in this way.
“It’s partly slackness on your part. People who have given you references think highly of you.
“Taking these matters into account a substantial fine should be imposed.
“Childrens department will be well aware of this matter whether a conviction is recorded or not.
“A conviction will be recorded.“
