CTA v Director-General, Department of Justice and Attorney-General ([2021]) QCAT 442

Date: 21 December 2021
Court/Tribunal: Queensland Civil and Administrative Tribunal
Judicial Officer/Tribunal Member: Member Hemingway
Human Rights Act 2019 (Qld) Sections: ss 8, 58, 31
Rights Considered: Right to a fair hearing
Other Legislation: Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 19, 20, 66; Working with Children (Risk Management and Screening) Act 2000 (Qld) ss 5, 6, 221, 226.
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 circumstances where the Applicant’s case was considered an exceptional case. In affirming the Respondent’s decision, the Tribunal referred to the Human Rights Act 2019 (Qld) and considered that it must weigh the interest and well-being of children as pre-eminent. The Tribunal gave proper consideration in terms of section 58(2) of the Human Rights Act 2019 (Qld) and noted that the Applicant’s right to a fair hearing (section 31) was relevant. Tribunal ultimately held that this was an exceptional case as it had many factors taking it out of the ordinary course of events and circumstances, and confirmed the decision of the Respondent.

Visit the judgment: CTA v Director-General, Department of Justice and Attorney-General ([2021]) QCAT 442