CSG v Director General, Department of Justice and Attorney-General [2022] QCAT 412

Date: 13 December 2022
Court/Tribal: Queensland Civil and Administrative tribunal
Judicial Officer/Tribunal Member: Member Davies
Human Rights Act 2019 (Qld) Sections: ss 23, 25, 26, 31, 58.
Rights Considered: Right to take part in public life; Right to privacy and reputation; Right to protection of families and children; Right to a fair hearing
Other Legislation: Criminal Law and Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 20, 66; Working with Children (Risk Management and Screening Act 2000 (Qld), s 5, 6, 221, 226, 353, s 360.
Keywords: Blue Card

This case concerned an application for review of a decision by the respondent to issue a negative blue card notice to the applicant, on the basis the applicant’s case was ‘exceptional’ within the meaning of s 221(2) of the Working with Children (Risk Management and Screening Act 2000 (Qld). The applicant had an extensive criminal history consisting of approximately 84 convictions for a range of offences including drug offences, fraud, and other offences of dishonesty, stealing and burglary.

The Tribunal considered itself bound by s 58 of the Human Rights Act 2019 (Qld) as a public entity when performing its role for reviewing the decision. The Tribunal noted the applicant’s right to privacy and reputation (section 25), right to a fair hearing (section 31) and right to take part in public life (section 23). The Tribunal also noted the competing right to protection of families and children (section 26). The Tribunal did not engage in any substantive discussion of those competing human rights.

The Tribunal affirmed the application on the grounds that the case was not exceptional under the Working with Children (Risk Management and Screening) Act 2000 (Qld). The Tribunal gave particular weight to the length of time that had passed without any criminal convictions, as well as evidence that the applicant’s life was now manifestly different from the life she led in the period when she was charged with numerous offences.

Visit the Judgment: CSG v Director General, Department of Justice and Attorney-General [2022] QCAT 412