DAN v Director-General, Department of Justice and Attorney-General ([2021]) QCAT 229

Date: 29 June 2021
Court/Tribunal: Queensland Civil and Administrative Tribunal
Judicial Officer/Tribunal Member: Member Hemingway
Human Rights Act 2019 (Qld) Sections: ss 8, 58, 36
Rights Considered: Right to education
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 matter concerned an application for review of a decision from the Department of Justice and Attorney-General that the applicant was an ‘exceptional case’ under the Working with Children (Risk Management and Screening) Act 2000 (Qld) and to revoke the applicant’s blue card. The Human Rights Act 2019 (Qld) was submitted by the applicant but was held as inapplicable, due its commencement coming after the beginning of the proceedings.

The applicant sought a review of the decision to cancel her blue card due to being deemed an ‘exceptional case’ under the Working with Children (Risk Management and Screening) Act 2000 (Qld): at [1]. The decision came from the Department of Justice and Attorney-General following the conviction of the applicant in the Magistrates Court for the offences of Forging and Uttering and Fraud: at [25]-[28]. The conviction arose from an incident where the applicant altered a prescription for Codalgin and Valium to obtain unauthorised repeats: at [26].

The Tribunal considered evidence such as the applicant’s history of mental health concerns, doctors reports, evidence of the applicant’s drug reliance, the reflection of the effects of their behaviour, her help-seeking behaviours, and statements from employers and family: at [194]-[269].

The applicant submitted that the decision was incompatible with her human rights under section 58 of the Human Rights Act 2019 (Qld), and particularly that it violated her right to education under section 36: at [66]. However, the respondent submitted that since the application for review was filed prior to the commencement of the Human Rights Act 2019 (Qld), it didn’t apply to these proceedings: at [193]. The Tribunal agreed with this position, citing section 108 of the Human Rights Act 2019 (Qld): at [295].

The Tribunal upheld the decision from the Department of Justice and Attorney-General that the applicant's case was exceptional and confirmed the cancellation of her blue card.

Visit the judgment: DAN v Director-General, Department of Justice and Attorney-General ([2021]) QCAT 229