CTC v Director-General, Department of Justice and Attorney-General ([2021]) QCAT 406

Date: 18 November 2021
Court/Tribunal: Queensland Civil and Administrative Tribunal
Judicial Officer/Tribunal Member: Member Davies
Human Rights Act 2019 (Qld) Sections: ss 13, 23, 25, 26, 58
Rights Considered: Right to privacy and reputation; Taking part in public life; Right to protection of families and children
Other Legislation: Child Protection Act 1999 (Qld) ss 4, 133, 134, 135(1), 140A; 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, 10, 221, 226, 228, 353, 360, 580
Keywords: Blue Card

This case concerned an application for review of the respondent’s decision to cancel the applicant’s positive blue card and issue a negative blue card notice to the applicant, CTC. In affirming the respondent’s decision, the Tribunal found that the right to privacy and reputation (section 25), taking part in public life (section 23) and right to protection of families and children (section 26) were relevant, but did not substantively discuss these rights.

The applicant had their positive blue card cancelled and was issued a negative blue card notice on the basis that the applicant’s circumstances amounted to an exceptional case where the issuing of a positive notice would not be in the best interests of children: at [5] - [17]. There had been an incident in the applicant’s home where a male member of their household perpetrated sexual abuse against a female child in the applicant’s kinship care; at [11].

The Tribunal noted that under the Human Rights Act 2019 (Qld), it was required to give proper consideration to any relevant human rights in making its decision, and noted that the applicant’s right to privacy and reputation (section 25), taking part in public life (section 23) and right to protection of families and children (section 26) were relevant; at [28]. The Tribunal concluded that its decision was compatible with human rights, but did not discuss these rights in any detail.

The Tribunal affirmed the respondent’s decision, finding that the applicant’s case was an exceptional case where it would not be in the best interests of children to grant a blue card.

Visit the judgment: CTC v Director-General, Department of Justice and Attorney-General ([2021]) QCAT 406