Domestic violence (human rights)

This case concerned an application for review of the respondent’s decision to cancel the working with children clearance and blue card of the applicant, DL, and to issue a negative notice in its place. This decision meant the applicant could no longer continue to work as a foster carer. The Tribunal considered the applicant’s right to privacy and reputation (section 25) and to take part in public life (section 23), as well as the right to protection of families and children (section 26), and the Tribunal’s own role as a public entity under the Human Rights Act 2019 (Qld). 

This case concerned an application for review of the Department of Education’s decision to refuse SF’s application to home school her child on the basis that they require an address to be provided. The Human Rights Act 2019 (Qld) was relevant in assessing whether the Department of Education’s interpretation of the procedural requirements and the terms of the application form to home school were compatible with SF and her children’s right to recognition and equality before the law (section 15), right to privacy and reputation (section 25), right to protection of families and children (section 26), and right to education (section 36).    

The provisions of the Human Rights Act 2019 (Qld) were cited by a self-represented applicant arguing for a stay of the decision of the Magistrates Court to dismiss her application to vary a protection order. The court gave limited consideration to the interpretation provisions of the Human Rights Act 2019 (Qld), and did not elaborate on the applicant’s arguments.