Children and Families

This decision concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant. In affirming the respondent’s decision, the Tribunal had regard to the applicant’s human rights, including the right to freedom of expression (section 21) and the right to privacy and reputation (section 25) in accordance with the Human Rights Act 2019 (Qld).

This case concerned a review of a decision to issue the applicant with a negative notice for a Blue Card on the basis that he had a history of being violent. The decision to deny a Blue Card was ultimately upheld, the best interests of children taking priority over the applicant’s interests, which the tribunal stated was consistent with human rights considerations in the circumstances. There was no significant human rights discussion.

The case concerned a review of a negative Blue Card notice. The Tribunal determined that they were required to comply with the Human Rights Act 2019 (Qld) provision directed at public entities and that the limitations to human rights from refusing to issue the blue card, excluding the media and public, and issuing the non-publication order were reasonable and justifiable. The Tribunal ultimately concluded that it was not satisfied the applicant’s case was an exceptional case and therefore it would be in the interests of children for her to be issued with a ‘working with children clearance.’

This case concerned an application for review of a decision by the respondent to issue a negative blue card notice to the applicant, on the basis the applicant’s case was ‘exceptional’ within the meaning of s 221(2) of the Working with Children (Risk Management and Screening Act 2000 (Qld).

The Tribunal set aside a decision of the Director-General, Department of Justice and Attorney-General and found that the applicant’s case was not ‘exceptional’ in relation to his application for a positive notice for a blue card.

This application relates to a review of a decision from the Department of Justice and Attorney-General to cancel the applicant’s positive notice and blue card and issue a negative notice. The Human Rights Act 2019 (Qld) is discussed in relation to the applicant’s right to privacy and reputation against the competing right to protection of families and children, and the reasonable limitation of the applicant’s rights under section 13.

This case concerned an application for review of the respondent’s decision to issue a negative blue card notice on the basis that the applicant was an ‘exceptional case’. In deciding that the applicant was not an exceptional case, the Tribunal briefly considered the applicant’s right to a fair hearing (section 31) and right not to be tried or punished more than once (section 34), and the right to protection of families and children (section 26(2)) and considered that, to the extent that there were any limitations on those rights, those limitations were reasonable and justifiable.

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.

This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant.

The case concerned a negative blue card notice to an applicant convicted of assault offences arising from an altercation in March 2019. The Tribunal was satisfied that the applicant’s case was an exceptional case. The Tribunal acknowledged that the human rights of the applicant to ‘privacy and reputation’, to ‘take part in public life’ and ‘to further vocational education and training’ would be affected by the decision.