RD v Director-General, Department of Justice and Attorney-General [2021] QCAT 253

Date: 27 July 2021
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Member McDonnell
Human Rights Act 2019 (Qld) Sections: ss 13, 25, 31, 34, 48, 58
Rights Considered: Right to privacy and reputation; Right to a fair hearing; Right not to be tried or punished more than once; Right to protection of families and children
Other Legislation: Queensland Civil and Administrative Tribunal Act 2009 (Qld), ss 19, 20, 24, 66; Working with Children (Risk Management and Screening) Act 2000 (Qld) ss 5, 6, 221, 226, 360
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, RD. RD had previous convictions for matters of violence but for offences which were neither ‘serious’ or ‘disqualifying’ under the Act. The Tribunal considered RD’s right to a fair hearing (section 31), right not to be tried or punished more than once (section 34), right to privacy and reputation (section 25), as well as the rights of children (section 26) under the Human Rights Act 2019 (Qld). The Tribunal was satisfied that confirming the respondent’s decision was compatible with these rights and the limitations on those rights were reasonable and justifiable.

Visit the judgment: RD v Director-General, Department of Justice and Attorney-General [2021] QCAT 253