Date: 17 August 2020
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Member Ashman
Human Rights Act 2019 (Qld) Sections: Ss 26(2), 58
Rights considered: N/A
Other Legislation: Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 20, 24, 66; Working with Children (Risk Management and Screening) Act 2000 (Qld) ss 221, 226(2)
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 to the applicant, PRH. The only mention of the Human Rights Act 2019 (Qld) was in the respondent’s submissions, and the Act was not further considered by the Tribunal.

This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, PRH, because the applicant had been convicted of ‘serious offences’ within the meaning of the Working with Children (Risk Management and Screening) Act 2000 (Qld). The Tribunal was tasked with reviewing whether the applicant was an ‘exceptional case’ where the issuing of a positive notice would be in the best interests of children. The Tribunal held that there is an exceptional case and set aside the original decision of the Director-General, Department of Justice and Attorney-General. The only mention of the Human Rights Act 2019 (Qld) was provided in the respondent’s submissions, and the Act was not further considered by the Tribunal.

Visit the reported judgement: https://www.queenslandjudgments.com.au/case-download/id/345526