Queensland College of Teachers v Teacher TNE [2020] QCAT 484

Date: 8 October 2020
Tribunal: Queensland Civil and Administrative Tribunal 
Tribunal Member: Member Ashman 
Human Rights Act 2019 (Qld) Sections: N/A
Rights considered: N/A
Other Legislation: Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 20, 24; Working with Children (Risk Management and Screening) Act 2000 (Qld) s 221\
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, ML. Member Ashman stated that ‘[t]he Tribunal must...consider the intent of the Human Rights Act 2019 (Qld)’ but did not elaborate as to which specific considerations were relevant to this matter.

This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, ML. The initial decision was made on the basis that the applicant was an ‘exceptional case’ where the issuing of a positive notice would not be in the best interests of children. ML had applied for a blue card as part of her employment with a child protection service. A negative notice was issued on the grounds of ML’s conviction for drug offences. As ML had not been convicted of a ‘serious offence’ within the meaning of the Working with Children (Risk Management and Screening) Act 2000 (Qld), a positive notice needed to be issued to her unless the Tribunal made a finding on the balance of probabilities that this was an exceptional case where it was not in the best interests of children for a positive notice to be issued. 

Member Ashman noted that the objects of the Working with Children (Risk Management and Screening) Act 2000 (Qld) included ‘promoting and protecting the rights, interests, and wellbeing of children’ and that ‘[t]he Tribunal must...consider the intent of the Human Rights Act 2019 (Qld)’: at [4]. There was no further discussion on the specific human rights considerations that were relevant to this matter: at [4].

The Tribunal ordered that the respondent’s decision to issue a negative notice be set aside, on the basis that this was not an exceptional case where it would be in the best interests of children to issue a negative notice: at [67].

Visit the reported judgement: Queensland College of Teachers v Teacher TNE [2020] QCAT 484