JDW v Director-General, Department of Justice and Attorney-General [2023] QCAT 100

Date: 22 March 2023
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: McDonald
Human Rights Act 2019 (Qld) Sections: ss 8, 13, 58
Rights Considered: Right to recognition and equality before the law; Taking part in public life; Right to privacy and reputation.
Other Legislation: Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 19, 20, 24, 66, 99(2)(a); Working with Children (Risk Management and Screening) Act 2000 (Qld) s 5, 6, 221, 226, 228, 360.
Keywords: Child protection

The applicant was coaching children at a community-based sporting organisation when his blue card was cancelled based on new information affecting his criminal record. He had a criminal history relating to supply and possession of drugs. He sought a review of the negative notice. The Tribunal considered the applicant’s right to recognition and equality before the law (section 15), right to privacy and reputation (section 25), right to take part in public life (section 23), and the right to education (section 36) under the Human Rights Act 2019 (Qld) may be limited by a negative notice. However, these limitations were reasonable and justifiable in order to promote the best interests of children. The negative notice was confirmed. There was no substantive discussion of human rights.

Visit the judgment: JDW v Director-General, Department of Justice and Attorney-General [2023] QCAT 100