BJM v Director-General, Department of Justice and Attorney-General [2022] QCAT 365

Date: 26 October 2022
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Member Taylor
Human Rights Act 2019 (Qld) Sections: ss 13, 26, 48
Rights Considered: Right to a fair hearing
Other Legislation: Working with Children (Risk Management and Screening) Act 2000 (Qld) ss 5, 6, 221, 226, 354; Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 19, 20, 21, 24, 26.
Keywords: Family law; Child welfare

This matter concerned a review of the refusal of an application for a Blue Card by BJM, an individual who had been charged (but not convicted) with sexual assault of a child and investigated for possession of child exploitation material. The Tribunal confirmed human rights may only be limited so far as is reasonable and justifiable (s 13) and outlined that all statutory provisions must be interpreted in a way that is compatible with human rights (s 48). The Tribunal stated the paramount consideration in cases such as these is the protection of children (s 26); this being a factor to which all other factors must yield.

Ultimately in this case the Tribunal was satisfied that the applicant’s circumstance is not an exceptional case in which it would not be in the best interests of children for the applicant to be issued with a working with children clearance.

Visit the Judgment: BJM v Director-General, Department of Justice and Attorney-General [2022] QCAT 365