Domestic violence (human rights)

This matter concerned an application for review of the decision not to cancel the applicant’s negative notice for a Blue Card. The Tribunal acknowledged it must exercise its jurisdiction in accordance with the Human Rights Act 2019 (Qld) but considered any limit on the applicant’s rights is justified because it has the proper purpose of promoting and protecting the rights, interests and wellbeing of children.

The Applicant sought a continued suspension of the Respondent’s teacher registration on the basis that the Respondent posed an unacceptable risk of harm to children. In ordering that the Respondent’s submissions against the decision be set aside, the Tribunal noted that the protection of children generally took precedence over the interests of the teacher.

This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, GEE. In weighing the risk and protective factors in consideration of the evidence, the Tribunal considered the applicant’s prior ten child concern reports for children in her care, her history of domestic violence (as both a protected and respondent person) and limited criminal history, the applicant’s ongoing interpersonal conflict with others and authorities, the circumstances in her home, the lack of independent social supports, and the perceived lack of insight and accountability the applicant had for her own actions related to harm suffered to a child in her care.

This case related to a decision concerning applications for protection orders by ex-partners involving their child.

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 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 to review the respondent’s decision to issue a negative notice to the applicant, ED. The Human Rights Act 2019 (Qld) was mentioned only in reference to the Tribunal being a public entity and therefore obligated to make decisions compatible with human rights under section 58.

This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant. The Tribunal stated that it had considered the provisions of the Human Rights Act 2019 (Qld) and concluded that its decision did not unreasonably compromise any of the human rights affected.