Children and Families

This case concerned an application to the Tribunal to review the respondent’s decision to cancel the applicant’s positive notice and issue her with a negative notice, following a change to the applicant’s police information. In reviewing the decision, the Tribunal had regard to the applicant’s right to privacy and reputation (section 25), right to take part in public life (section 23), right to further vocational education and training (section 36(2)), and cultural rights (sections 27 and 28) under the Human Rights Act 2019 (Qld). The Tribunal also had regard to the competing right of every child to ‘the protection that is needed by the child, and is in the child’s best interests, because of being a child’ as provided for in s 26(2) of the Human Rights Act 2019 (Qld).

The case concerned an application to review a contact decision. The Tribunal determined that MKD was not a parent or a member of the children’s family, so he had no standing to bring an application to review that decision and the Tribunal did not have jurisdiction to determine the application.

This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, ST. In ordering that the respondent’s decision be set aside the Tribunal noted that the applicant’s right to privacy (section 25), right to taking part in public life (section 23), right to protection of families and children (section 26), right to education (section 36), cultural rights (section 27) and cultural rights of Aboriginal and Torres Strait Islander peoples (section 28) were relevant, but did not substantively discuss these rights.

The case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant on 6 April 2020. The decision of the Director-General, Department of Justice and Attorney-General that this was an ‘exceptional case’ within the meaning of s 221(1) of the Working with Children (Risk Management and Screening) Act 2000 (Qld) was confirmed.

The applicant was issued with a negative Blue Card notice following his being charged with criminal offences related to an incident he described as a ‘prank’. The Tribunal upheld the negative notice and stated that the respondent had appropriately acknowledged and considered the applicant’s human rights.

The case concerned an application for review of a decision to issue a negative notice for a Blue Card where the applicant had been convicted of breaching domestic violence orders, breaching a suspended sentence, breaching a probation order, failing to appear in accordance with undertaking, breaching bail conditions, possessing dangerous drugs and possessing property suspected of having been used in connection with the commission of a drug offence.

This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, RLJ. In ordering that the respondent’s decision be set aside, the Tribunal noted that the applicant’s rights to a fair hearing (section 31) and not to be tried or punished more than once (section 34) as well as the right to protect families and children (section 26) were relevant, but did not substantively discuss these rights.

This case concerned an application for review of the Respondent’s decision to issue a negative blue card notice to the Applicant. In ordering that the Respondent’s decision be set aside, the Tribunal considered the relevance of the Applicant’s right to privacy (section 21), right to take part in public life (section 23), right to further vocational education and training (section 36(2) and cultural rights (sections 27-28) as contained in the Human Rights Act 2019 (Qld).

The case concerned a review of a decision to issue a negative notice pursuant to the Working with Children (Risk Management and Screening) Act 2000 (Qld), where the applicant’s case was found to be ‘exceptional.’

This case concerned an application for review of the Respondent’s decision to issue a negative blue card notice to the Applicant. The Tribunal confirmed the Respondent’s decision in finding that any limitation on the Applicant’s human rights pursuant to the Human Rights Act 2019 (Qld) was justified in that it had the proper purpose of promoting and protecting the rights, interests and wellbeing of children and young people.