DTH v Director-General, Department of Justice and Attorney-General [2021] QCAT 107

Date: 24 March 2021
Court/Tribunal: Queensland Civil and Administrative and Administrative Tribunal
Judicial Officer/Tribunal Member: Member McDonnell
Human Rights Act 2019 (Qld) Sections: N/A
Rights Considered: N/A
Other Legislation: Working with Children (Risk Management and Screening) Act 2000 (Qld) ss 5, 6, 221, 226, 360, 580; Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 19, 20, 24, 66
Keywords: Blue card

This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, DTH. As the Human Rights Act 2019 (Qld) had not commenced at the time proceedings began, it was not considered in any depth.

DTH brought an application for review of a decision by the Department to cancel her blue card and issue a negative notice, which prevented her from being able to work with children.

The applicant had been convicted of several offences, none of which were serious or disqualifying offences under the Working with Children (Risk Management and Screening) Act 2000 (Qld): at [14]-[16]. The applicant denied she had committed the offences, notwithstanding her convictions: at [55]. The applicant argued that she had developed a support network, consisting of her church and friends: at [49]. 

The Tribunal found that the applicant was not taking responsibility for her actions, and that the support network was not sufficient to mitigate future risk: at [61]. Consequently, the Tribunal affirmed the decision of the respondent: at [71].

The Tribunal held that the Human Rights Act 2019 (Qld) did not apply as the proceedings began before the commencement of the Human Rights Act 2019 (Qld): at [13].

Visit the reported judgement: DTH v Director-General, Department of Justice and Attorney-General ([Y2021) QCAT 107