LB v Director-General, Department of Justice and Attorney-General [2021] QCAT 140

Date: 18 May 2021
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Member Deane
Human Rights Act 2019 (Qld) Sections: ss 8, 13, 26, 27, 31, 34, 36, 48, 58
Rights Considered: Right to protection of families and children; Cultural rights; 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, 15, 16, 221, 226, 358, 360, Schedule 2, Schedule 3, Schedule 4, Schedule 5
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, LB. LB had criminal convictions as a minor, including threatening with weapon, in the context of an abusive domestic relationship. The Tribunal considered LB’s cultural rights, right to a fair hearing, right not to be tried or punished more than once, and right to education, as well as the right of every child to protection. The Tribunal was satisfied that the decision to confirm the respondent’s decision was compatible with these rights as the limitations on those rights were reasonable and justifiable.

Visit the judgment: LB v Director-General, Department of Justice and Attorney-General [2021] QCAT 140