TJS v Director General, Department of Justice and Attorney-General [2022] QCAT 214

Date: 9 June 2022
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Member Lember
Human Rights Act 2019 (Qld) Sections: ss 13(2), 31, 34
Rights Considered: Right to a fair hearing; right not to be tried or punished more than once
Other Legislation: Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 3(b), 9(1), 17(1), 19, 20, 21, 24, 66; Working with Children (Risk Management and Screening) Act 2000 (Qld) ss 5, 6, 221, 226, 353, 354, 360
Keywords: Blue Card

The matter concerned an application for a review of the respondent’s decision to issue a negative notice in respect of TJS’s application for a blue card. The Tribunal did not consider human rights in any detail but observed:

As required by the Human Rights Act 2019 (Qld), I have had regard to TJS’s human rights, including the right to a fair hearing and not to be punished more than once for her offences, however, in the circumstances I am satisfied that any limitation on these rights is consistent with the proper purpose of promoting and protecting the human rights, interests and wellbeing of children[40] and with the paramount nature of those interests: at [117]

Visit the Judgment: TJS v Director General, Department of Justice and Attorney-General [2022] QCAT 214