GEE v Director-General, Department of Justice and Attorney-General [2022] QCAT 260

Date: 12 July 2022
Court/Tribunal: Queensland Civil and Administrative Tribunal
Judicial Officer/Tribunal Member: Member Hemingway
Human Rights Act 2019 (Qld) Sections: ss 13(2), 26(2), 48(2)
Rights Considered: Right to protection of families and children
Other Legislation: Working with Children (Risk Management and Screening) Act 2000 (Qld), ss 5, 6, 221, 226; Queensland Civil and Administrative Tribunal Act 2009 (Qld), ss 19, 20, 66
Keywords: Blue Card; Children and Families: Foster Care, Domestic Violence, Child Protection; 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, 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.

In conducting its review, the Tribunal noted the right to protection of families and children (section 26(2)) under the Human Rights Act 2019 (Qld) finding that the rights of children remain the paramount consideration and outweigh any limitation on the human rights of the applicant.

Visit the judgment: GEE v Director-General, Department of Justice and Attorney-General [2022] QCAT 260