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HDK v Director-General, Department of Justice and Attorney-General [2021] QCAT 97

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Date: 11 March 2021
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Member Deane
Human Rights Act 2019 (Qld) Sections: ss 8, 13, 21, 23, 26, 27, 28, 31, 34, 48, 58, 108
Rights Considered: Right to freedom of expression; Taking part in public life; Right to protection of families and children; Cultural rights; Cultural rights of Aboriginal and Torres Strait Islander peoples; Right to a fair hearing; Right not to be tried or punished more than once
Other Legislation: Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 20, 24, 66; Working with Children (Risk Management and Screening) Act 2000 (Qld) ss 5, 6, 221, 226, 358, 360, 580, Schedule 2, Schedule 4, Schedule 5
Keywords: Blue Card

This matter concerned an application for review of the respondent’s decision to cancel the applicant’s Blue Card due to the applicant being charged with a stalking offence. The Tribunal found that the Human Rights Act 2019 (Qld) did not apply to this decision as the proceedings commenced before its commencement on 1 January 2020 (section 108). Regardless, the Tribunal acknowledged that it was a public body acting in an administrative capacity and that the decision would potentially impact the applicant’s right to freedom of expression (section 21), right to take part in public life (section 23), cultural rights (section 27), cultural rights of Aboriginal and Torres Strait Islander peoples (section 28), the right to education (section 36(2)), the right to a fair hearing (section 31) and the right not to be tried or punished more than once (section 34). This was balanced against the right of every child to protection (section 26(2)). The Tribunal was satisfied that the decision to cancel the applicant’s Blue Card was compatible with human rights as the limits on the applicant’s rights were reasonable and justifiable (section 13).

Visit the judgment: HDK v Director-General, Department of Justice and Attorney-General [2021] QCAT 97