NPK v Director General, Department of Justice and Attorney-General [2022] QCAT 395

Date: 16 November 2022
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Member Pearce
Human Rights Act 2019 (Qld) Sections: ss 13, 28
Rights Considered: Cultural rights of Aboriginal and Torres Strait Islander peoples
Other Legislation: Working With Children (Risk Management and Screening) Act 2000 (Qld); Queensland Civil and Administrative Tribunal Act 2009 (Qld) Education (General Provisions) Act (Qld) 2000; Human Rights Act 2019 (Qld); WJ v Chief Executive Officer, Public Safety Business Agency [2015] QCATA 190; RPG v Public Safety Business Agency [2016] QCAT 331; Commissioner for Children and Young People and Child Guardian v Maher & Anor [2004] QCA 492
Keywords: Blue Card

This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant. In ordering that the respondent’s decision be set aside, the Tribunal noted that the limitation of human rights (section 13) and cultural rights of Aboriginal and Torres Strait Islander peoples (section 28) as contained in the Human Rights Act 2019 (Qld) were relevant.

In finding that there is no evidence to support any finding of a risk of harm, the Member also considered that the children who would be taught by the Applicant would benefit from him having a blue card.

Visit the judgment: NPK v Director General, Department of Justice and Attorney-General [2022] QCAT 395