DEF v Director-General, Department of Justice and Attorney-General [2022] QCAT 127

Date: 12 April 2022
Court/Tribunal: Queensland Civil and Administrative Tribunal
Judicial Officer/Tribunal Member: Member Cranwell
Human Rights Act 2019 (Qld) Sections: s 13
Rights Considered: N/A
Other Legislation: Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 66; Working with Children (Risk Management and Screening) Act 2000 (Qld) ss 5, 6, 221, 226, 360, Schedule 7.
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. The Tribunal confirmed the Respondent’s decision in finding that any limitation on the Applicant’s human rights pursuant to the Human Rights Act 2019 (Qld) was justified in that it had the proper purpose of promoting and protecting the rights, interests and wellbeing of children and young people.

The Applicant had been issued a negative blue card notice on the basis that his circumstances amounted to an exceptional case where the issuing of a positive notice would not be in the best interests of children. The Applicant had a lengthy traffic history, but more relevantly was previously subject to two allegations of inappropriate touching made by an 18-year-old girl with an intellectual impairment and his own niece. These allegations were never the subject of a formal charge.

The Tribunal affirmed the Respondent’s decision and found that there was not sufficient evidence to displace the possibility of future risk of harm, where an exceptional case existed in which it would not be in the best interests of children for a positive notice and blue card to be issued. Whilst the applicant had denied the allegations and shown remorse, he had acknowledged he may have ‘unintentionally’ made the complainants feel uncomfortable: at [30].

The Tribunal considered the Human Rights Act 2019 (Qld) and was satisfied that any limitation on the Applicant’s human rights was justified in that it had the proper purpose of promoting and protecting the rights, interests and wellbeing of children and young people.

Visit the judgment: DEF v Director-General, Department of Justice and Attorney-General [2022] QCAT 127