CDC v Director-General, Department of Justice and Attorney-General ([2021]) QCAT 112

Date: 30 March 2021
Court/Tribunal: Queensland Civil and Administrative Tribunal
Judicial Officer/Tribunal Member: Member McDonnell
Human Rights Act 2019 (Qld) Sections: N/A
Rights Considered: N/A
Other Legislation: Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 19, 20, 24, 66; Working with Children (Risk Management and Screening) Act 2000 (Qld) ss 5, 6, 221, 226, 360, 580
Keywords: Blue Card

The applicant sought a review of a decision to issue her a negative notice in response to an application for a blue card. The Tribunal found that the Human Rights Act 2019 (Qld) did not apply, as the proceedings began before the commencement of the Human Rights Act 2019 (Qld). 

The respondent issued a negative notice in relation to CDC’s prior convictions for drug-related and domestic violence offences. The most serious incident involved her hitting her former partner with her car during a verbal argument, with her child still in the car: at [16]-[24].

As the proceedings began prior to the commencement of the Human Rights Act 2019 (Qld), its provisions were not held not to apply to this matter: at [12].

The Tribunal considered the violent nature of CDC’s previous convictions, her minimisation of her conduct and lack of insight, and the lack of sufficient steps taken by CDC to prevent reoccurrence of the conduct: at [45] and [59]-[60].

The Tribunal considered the best interests and welfare of children and confirmed the respondent’s decision that this was an ‘exceptional case’: at [56]-[60].

Link: https://www.queenslandjudgments.com.au/caselaw/qcat/2021/112