ISC v Director-General, Department of Justice and Attorney-General [2023] QCAT 304

Date: 27 June 2023
Court/Tribunal: Queensland Civil and Administrative Tribunal
Judicial Officer/Tribunal Member: Member Davies
Human Rights Act 2019 (Qld) Sections: s 23, s 25, s 26, s 31.
Rights Considered: Rights to take part in public life, right to privacy and reputation, right to protection of families and children, right to a fair hearing.
Other Legislation: Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 20, s 66; Working with Children (Risk Management and Screening) Act 2000 (Qld) s 5, s 6, s 221, s 225, s 226, s 228, s 353, s 360.
Keywords: Children and Families, Child protection.

This case concerned an application for a review of a decision from the respondent to issue a negative blue card notice to the applicant, ISC. The respondent’s decision was made on the grounds that he was convicted in UK for the offence of negligent manslaughter and additionally on the grounds of alleged bullying whilst he was working as a sports coach.

The Tribunal considered itself bound by s 58 of the Human Rights Act 2019 (Qld) as a public entity, and considered the applicant’s right to privacy and reputation, right to a fair hearing and his right to take part in public life. The Tribunal also recognised the competing human rights of the children under s 26(2) of the Human Rights Act 2019 (Qld) but did not engage in further discussions.

The Tribunal affirmed the application by ISC on the grounds that the case was exceptional under Working with Children (Risk Management and Screening) Act 2000 (Qld) and it would not harm the interests of children and young people for ISC to have a working with children clearance.

The Tribunal also made an order prohibiting the public of information that would enable ISC to be identified. The Tribunal considered this order necessary to prevent the identification of children who could otherwise be identified without such an order.

Visit the judgement: ISC v Director-General, Department of Justice and Attorney-General [2023] QCAT 304