SS v Director-General, Department of Justice and Attorney-General [2021] QCAT 392

Date: 16 November 2021
Court: Queensland Civil and Administrative Tribunal
Judicial Officer: Member Taylor
Human Rights Act 2019 (Qld) Sections: ss 13(1), 13(2), 26(2),
Rights Considered: Right to protection of families and children
Other Legislation: Working with Children (Risk Management and Screening) Act 2000 (Qld), ss 5, 6, 225, 226, 353, 354, 360; Queensland Civil and Administrative Tribunal Act 2009 (Qld), ss 19, 20, 21, 24, 66
Keywords: Blue Card; Children and Families

An application for the review of a negative blue card notice was brought by a full-time truck driver. Member Taylor found that, as the applicant had been convicted of a serious offence in 2004, as defined in the Working with Children (Risk Management and Screening) Act 2000 (Qld), a negative notice must be issued unless an exceptional case exists in which it would not harm the best interests of children for a working with children clearance to be issued. The Tribunal found the applicant’s case was not ‘exceptional’ within the meaning of section 225 and confirmed the original decision. The Tribunal briefly mentioned the rights and protection of children (section 26(2)) under the Human Rights Act 2019 (Qld), but there was no in-depth discussion as a human rights argument was not made by the applicant.

Visit the judgment: SS v Director-General, Department of Justice and Attorney-General [2021] QCAT 392