Date: 10 May 2022
Court/Tribunal: Queensland Civil and Administrative Tribunal
Judicial Officer/Tribunal Member: Member Mewing
Human Rights Act 2019 (Qld) Sections: ss 13, 23, 25 and 36(2)
Rights Considered: Taking part in public life; right to privacy and reputation; right to education
Other Legislation: Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 20, s 61; Working With Children (Risk Management and Screening) Act 2000 (Qld) ss 5, 6, 221(2), 226(2), 167, 353, 358, 360, sch 2.
Keywords: Blue Card

The case concerned an application for review of a decision to issue a negative notice for a Blue Card where the applicant had been convicted of breaching domestic violence orders, breaching a suspended sentence, breaching a probation order, failing to appear in accordance with undertaking, breaching bail conditions, possessing dangerous drugs and possessing property suspected of having been used in connection with the commission of a drug offence. The Tribunal concluded that it was an exceptional case in which it would not be in the best interests of children for a positive notice and blue card to be issued. The Tribunal stated that the provisions of the Human Rights Act 2019 (Qld) had been considered, and that it was satisfied that any limitation is justified because it had the proper purpose of promoting and protecting the rights, interests and wellbeing of children and young people.

Visit the judgment: SDF v Director General, Department of Justice and Attorney General [2022] QCAT 198