NGV v Director-General, Department of Justice and Attorney-General [2020] QCAT 319

Date: 19 August 2020
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Member Kanowski
Human Rights Act 2019 (Qld) Sections: s 26, 31
Rights Considered: Right to protection of families and children; right to a fair hearing
Other Legislation: Working with Children (Risk Management and Screening) Act 2000 (Qld), ss 221, 226
Keywords: Children and Families; Education, Training and Employment

This case concerned an application for review of the respondent’s decision to issue a negative blue card notice. The respondent submitted that the applicant’s right to privacy and reputation (section 25), right to take part in public life (section 23), right to vocational education (section 36), and cultural rights (section 27) under the Human Rights Act 2019 (Qld) were relevant to proceedings. The Tribunal held that the only relevant right was the right to a fair hearing (section 31).

This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, NGV. The Tribunal noted that NGV had not been convicted of a serious offence within the meaning of the Working with Children (Risk Management and Screening) Act 2000, meaning that she would ‘ordinarily be issued with a positive notice…[unless] this was an exceptional case in which it would not be in the best interests of children for a positive notice to be issued’: at [5].

In submissions, the respondent raised the applicant’s right to privacy and reputation (section 25), right to take part in public life (section 23), right to vocational education (section 36), and cultural rights (section 27) under the Human Rights Act 2019 (Qld) as relevant considerations: at [84]. The Tribunal held that the only right of the applicant relevant to these proceedings was the right to a fair hearing contained in section 31, and that this was not at issue: at [84]. The Tribunal noted the importance of protecting the welfare and best interests of children: at [85]. The Tribunal held that this was not an exceptional case: at [88]. Accordingly, the Tribunal ordered that the original decision be set aside and substituted with a new decision that NGV be issued with a positive notice: at [91]. A non-publication order was also made: at [91].

Link: https://archive.sclqld.org.au/qjudgment/2020/QCAT20-319.pdf