KWT v Director-General, Department of Justice and Attorney-General [2021] QCAT 122

Date: 9 April 2021
Court/Tribunal: Queensland Civil and Administrative Tribunal
Judicial Officer/Tribunal Member: Member Davies
Human Rights Act 2019 (Qld) Sections: s 58(1)(b)
Rights Considered: N/A
Other Legislation: Domestic and Family Violence Protection Act 2012 (Qld) s 159; Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 20, s 66; Working with Children (Risk Management and Screening) Act 2000 (Qld) s 221, s 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, KWT. In ordering that the respondent’s decision be set aside, the Tribunal noted that it was required by the Human Rights Act 2019 (Qld) to provide proper consideration to any relevant human rights, but did not substantively discuss human rights.

The applicant had been issued a negative blue card notice on the basis that the applicant’s circumstances amounted to an ‘exceptional case’ where the issuing of a positive notice would not be in the best interests of children: at [6]-[7]. The applicant had repeatedly contravened a domestic violence order. The contraventions had involved her assaulting her former partner, in the context of a ‘toxic’ and abusive relationship: at [17], [33]. 

The applicant did not provide a psychological report, but gave personal testimony as to her insight and remorse, which the Tribunal considered genuine: at [34].

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: at [12]. However, the Tribunal did not identify any relevant rights or provide any substantive discussion of human rights.

The Tribunal set aside respondent’s decision and replaced it with the decision that KWT’s case was not an exceptional one: at [55].

LINK: https://archive.sclqld.org.au/qjudgment/2021/QCAT21-122.pdf