Date: 5 July 2023
Court: Queensland Civil and Administrative Tribunal
Judicial Officer: Member Matthews
Human Rights Act 2019 (Qld) Sections: ss 8, 26(2).
Rights Considered: Right to protection of families and children.
Other Legislation: Queensland Civil and Administrative Tribunal Act 2009 (Qld), ss 4, 20, 21, 24; Working with Children (Risk Management & Screening) Act 2000 (Qld), ss 5, 6, 226 (2), 228, 360.
Keywords: Children and Families; Blue Card.

This case concerned an application for review of the Respondent’s decision to issue a negative blue card notice to the Applicant. The Tribunal affirmed the Respondent’s decision. Although the Tribunal acknowledged its obligations under the Human Rights Act 2019 (Qld), there was no genuine consideration of the rights of the applicant that were engaged or may be limited. The Tribunal stated only that it was satisfied it complied with its obligations and “acknowledges that if or where there is a limitation on Human Rights, it is justified by the Act.” [34] The decision only specifically identified the rights of children as requiring consideration by the Tribunal.

Visit the judgment: PRL v Director General, Department of Justice and Attorney General [2023] QCAT 250