Daniel Morcombe Foundation chief executive Holly Brennan said she was shocked to learn would-be Santas are not legally required to hold blue cards, and urged the government to immediately close the loophole to safeguard children.

“The public’s expectation is that they are not putting their child on the lap of somebody who has not been cleared to have a child sit on them,” Ms Brennan said.

“While parents or carers have a supervisory role to play, the Daniel Morcombe Foundation believes that all Santas, in all situations - including in shopping centres - must have [blue cards].

“This doesn’t pass the public interest test. I think the public would expect all Santas to have them.”

People applying for blue cards must undergo checks into their known police and disciplinary history, before being approved to work with children and young people.

A spokesman for the Department of Justice and Attorney-General confirmed blue cards were not a requirement.

“Blue cards are not required for every environment in which a child is present, for example a shopping centre environment where parents are able to exercise parental responsibility,” he said.

“Department stores and shopping centres who engage Santas should have policies and procedures for recruiting, selecting, training and managing their staff, including a code of conduct which outlines the behaviour expected of an employee when interacting with children.”

However, he added people in “regulated organisations” playing Santa needed blue cards, while those working in organisations such as schools, childcare centres, churches and sports clubs might need them, depending on whether they were a volunteer or staff member, and how often they interacted with children.

“The blue card is one tool for identifying and managing risks to children. It can never replace vigilance by parents, families and others within our community,” he said.