Director-General, Department of Justice and Attorney-General v MAP [2022] QCATA 34

Date: 7 March 2022
Court/Tribunal: Queensland Civil and Administrative Tribunal
Judicial Officer/Tribunal Member: Senior Member Howard, Member Browne
Human Rights Act 2019 (Qld) Sections: N/A
Rights Considered: N/A
Other Legislation: Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 20; Working with Children (Risk Management and Screening) Act 2000 (Qld) ss 5, 6, 221, 221(2), 226(2), 226(2)(a), 266(2), 266(2)(a), 353, 354
Keywords: Blue Card; Criminal Law and Corrective Services: Double Jeopardy; Children and Families: Domestic Violence

This case concerned an appeal of a previous Tribunal decision to set aside a decision of the Department of Justice and Attorney-General to issue a negative blue card notice, and replace it with the decision that the applicant’s case was not an exceptional case. The Human Rights Act 2019 (Qld) had not commenced at the time of the original proceedings so it did not apply. The matter was returned for reconsideration by a differently constituted Tribunal.

The Department of Justice and Attorney-General appealed the Tribunal’s decision ([2020] QCAT 527) on the basis that the Tribunal had applied the incorrect legal test, taken into account irrelevant considerations or failed to take into account relevant considerations, and had denied the Department the opportunity to make submissions on matters of law: at [7]. The Department submitted that the Tribunal applied the Human Rights Act 2019 (Qld) without giving the parties an opportunity to address the applicability of the legislation and relevant human rights: at [7].

The Tribunal acknowledged that the proceedings had commenced prior to the Human Rights Act 2019 (Qld) so it was inapplicable: at [25]-[27]. The Tribunal also acknowledged that there was significant weight placed on the Human Rights Act 2019 (Qld) in the first proceedings, despite it being inapplicable: at [28]-[30].

The Tribunal concluded that there was an error in the Tribunal's prior decision and allowed the appeal: at [48]. The Tribunal’s prior decision of 15 May 2020 was set aside and the matter was returned for reconsideration by a differently constituted Tribunal: at [49].

Link: https://www.queenslandjudgments.com.au/caselaw/qcata/2022/34/pdf

NOTE: The original decision is available at: https://www.queenslandjudgments.com.au/caselaw/qcat/2020/527/pdf