JB v Director-General Department of Justice and Attorney-General [2021] QCAT 433

Date: 21 December 2021
Court/Tribunal: Queensland Civil and Administrative Tribunal
Judicial Officer/Tribunal Member: Member Traves
Human Rights Act 2019 (Qld) Sections: ss 12, 23, 26(2), 27, 28, 36(2), 58
Rights Considered: Taking part in public life, Right to privacy and reputation, Right to protection of families and children, Cultural rights, Cultural rights of Aboriginal and Torres Strait Islander peoples; Right to education.
Other Legislation: Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 19, 20, 24, 66; Working with Children (Risk Management and Screening) Act 2000 (Qld) ss 221, 226
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. In ordering that the Respondent’s decision be set aside, the Tribunal considered the relevance of the Applicant’s right to privacy (section 21), right to take part in public life (section 23), right to further vocational education and training (section 36(2) and cultural rights (sections 27-28) as contained in the Human Rights Act 2019 (Qld).

The Applicant was an early childhood teacher and had been issued a negative blue card notice on the basis that her 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 previously been convicted of assault offences, public nuisance offences, offences against police officers and a possession offence, which occurred on one occasion whilst she was heavily intoxicated.

The Tribunal set aside the Respondent’s decision, giving weight to the Applicant’s difficult personal circumstances at the time of the offending and recognised her commitment to rehabilitation and lack of re-offending. The Tribunal noted that the Human Rights Act 2019 (Qld) placed it under an obligation to give proper consideration to any relevant human rights in making its decision, and noted that the Applicant’s right to privacy (section 21), right to take part in public life (section 23), right to further vocational education and training (section 36(2)) and cultural rights (sections 27-28) were relevant: at [16]. Though there was no substantive discussion of these rights, the Tribunal set aside the decision of the Respondent and ordered that it be replaced with a decision that this was not an exceptional case within the meaning of s 221(2) of the Working with Children (Risk Management and Screening) Act 2000 (Qld).

Visit the judgment: JB v Director-General Department of Justice and Attorney-General [2021] QCAT 433