MAJ v Director-General Department of Justice and Attorney-General [2022] QCAT 324

Date: 7 September 2022
Court/Tribunal: Queensland Civil and Administrative Tribunal
Judicial Officer/Tribunal Member: Member Goodman
Human Rights Act 2019 (Qld) Sections: ss 8, 13, 26, 31, 34, 58
Rights Considered: Right to protection of families and children; Right to a fair hearing; Right not to be tried or punished more than once.
Other Legislation: Drugs Misuse Act 1986 (Qld) s 6; Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 19, s 20, s66; Working with Children (Risk Management and Screening) Act 2000 (Qld), s 6, s 225, s 226, s 228, s 360, Schedule 2, Schedule 7
Keywords: Blue Card; Children and Families: Child protection; Education, Training and Employment

This matter 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 noted that the applicant’s right to a fair hearing (section 31) the right not to be punished more than once for an offence (section 34), as well as the rights of every child to the protection that is needed by the child, and is in the child’s best interests, because of being a child (section 26) were relevant, but found that this decision does not limit the applicant’s rights or the rights of children to protection and is therefore compatible with human rights.

Visit the judgment: MAJ v Director-General Department of Justice and Attorney-General [2022] QCAT 324