Children and Families

This case concerned an application for a 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 referred to the Human Rights Act 2019 (Qld) as it was mentioned in submissions, however, did not substantively discuss these rights.

This matter concerned an application for a review of a decision from the respondent that the applicant’s case was an exceptional case and that, therefore, the applicant’s positive notice should be cancelled. The applicant was studying to be nurse and had recent drug charges.

This matter was referred by the Childrens Court to QCAT to determine whether RNE had the capacity to understand ongoing child protection proceedings in the Children Court regarding his children, and whether a guardian should be appointed to make decisions for him in legal matters. Further tribunal-initiated applications were made relating to the protection of privacy for the children. These are the reasons for decisions made concerning the application for a confidentiality order and non-publication order.

This case concerned an application of the defendant to subpoena documents or records from an organisation that provided counselling services and support to a child complainant. Accordingly and on behalf of the defendant, an objection was raised as to the standing of the counselled child to be heard under criteria in s 14H of the Evidence Act 1977 (Qld). Long SC DCJ allowed the objection of the defendant to the counselled child being allowed leave to be heard, upon the broad basis on which the application had been sought. Sections 25 and 48 of the Human Rights Act 2019 (Qld) were mentioned in the header, but there was no discussion of human rights.

This matter 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 noted that the applicant’s right to a fair hearing (section 31) the right not to be punished more than once for an offence (section 34), as well as the rights 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 (section 26) were relevant, but found that this decision does not limit the applicant’s rights or the rights of children to protection and is therefore compatible with human rights.

This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, LB. LB had criminal convictions as a minor, including threatening with weapon, in the context of an abusive domestic relationship. The Tribunal considered LB’s cultural rights, right to a fair hearing, right not to be tried or punished more than once, and right to education, as well as the right of every child to protection.

This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, RD. RD had previous convictions for matters of violence but for offences which were neither ‘serious’ or ‘disqualifying’ under the Act.

This case concerned an appeal of a previous Tribunal decision to set aside a decision of the Department of Justice and Attorney-General to issue a negative blue card notice, and replace it with the decision that the applicant’s case was not an exceptional case. The Human Rights Act 2019 (Qld) had not commenced at the time of the original proceedings so it did not apply. The matter was returned for reconsideration by a differently constituted Tribunal.

This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, MAP. The Human Rights Act 2019 (Qld) was discussed in relation to the duties it imposed upon the Tribunal, and the relevance of the right not be tried or punished more than once (section 34), the right to a fair hearing (section 31) and the right to privacy and reputation (section 25) to the operation of the Working with Children (Risk Management and Screening) Act 2000 (Qld).

This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, SM. The Tribunal found that the Human Rights Act 2019 (Qld) did not apply, as the proceedings began before the commencement of the Human Rights Act 2019 (Qld).