Date: 9 September 2022
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Senior Member Aughterson
Human Rights Act 2019 (Qld) Sections: s 26
Rights Considered: Right to protection of families and children
Other Legislation: Child Protection Act 1999 (Qld) ss 5B, 5BA, 11, 12, 13, 87, 247, Schedule 2
Keywords: Children and Families: Child Protection

This matter concerned an application filed by the respondent to dismiss the application made by the applicant (mother) to review a contact decision designed to facilitate contact between the applicant’s children. In the reasons for the decision, the Tribunal referred to the right to protection of families and children in the Human Rights Act 2019 (Qld) (sections 26(1) and (2)) to give context for the obligation to support the family and why the applicant was a person affected by the decision concerning contact with the child. The Tribunal did not engage in any substantive discussion of human rights. The respondent’s application to dismiss the applicant mother’s application was refused.

Visit the judgment: SBN v Department of Children, Youth Justice and Multicultural Affairs [2022] QCAT 321