SDS v Director General, Department of Justice and Attorney-General [2022] QCAT 165

Date: 11 May 2022
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Member Taylor
Human Rights Act 2019 (Qld) Sections: 13, 26, 48
Rights Considered: Right to privacy and reputation, right to take part in public life, right to further vocational education and training
Other Legislation: Working with Children (Risk Management and Screening) Act 2000 (Qld) ss 5, 6, 15, 156, 221, 226, 294, 304A, 354, 360; Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 19, 20, 21, 24, 66
Keywords: Blue Card

The applicant was issued with a negative Blue Card notice following his being charged with criminal offences related to an incident he described as a ‘prank’. The Tribunal upheld the negative notice and stated that the respondent had appropriately acknowledged and considered the applicant’s human rights.

The applicant was issued with a negative Blue Card notice following his being charged with assault, animal cruelty and dangerous conduct with a weapon, all of which charges were ultimately discontinued: at [2]-[4]. These charges arose from circumstances in which the applicant, with an associate, performed a drive-by shooting with a gel blaster as a ‘prank’ against a friend, which ultimately hit her in the leg, hit her cat and damaged her car: at [7]. In issuing a negative notice, the respondent had appropriately acknowledged and considered the applicant’s right to privacy and reputation, right to take part in public life and right to further vocational education and training: at [68]. However, in this case these rights yielded to the children’s rights to protection such that it was reasonable and justifiable to limit them: at [70]. The Tribunal confirmed the issuing of the negative notice, as in the absence of any remorse or explanation for the applicant’s behavior, it was not in the best interests of children from him to be issued with a clearance: at [74].

Visit the judgment: SDS v Director General, Department of Justice and Attorney-General [2022] QCAT 165