Date: 4 January 2022 
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: McDonald
Human Rights Act 2019 (Qld) Sections: ss 13, s 31, s 58 
Rights Considered: Right to fair hearing 
Other Legislation: Queensland Civil and Administrative Tribunal Act 2009 (Qld), ss 19, 20; Working with Children (Risk Management and Screening) Act 2000 (Qld), ss 6, 221, 226, 360, Schedule 2, Schedule 4.
Keywords: Blue card

The Tribunal was required to consider whether the Applicant’s changed circumstances were sufficient to warrant the case as exceptional such that a negative notice should be issued. Charges were laid against the Applicant for breach of a domestic violence order, however evidence established that the charges were dropped when the allegations were proved to be false and otherwise lack evidentiary support. The Tribunal set aside the decision of the Respondent in finding that the case was exceptional such that the Applicant should continue to hold a positive notice. In reaching this decision, the Tribunal had regard to the Human Rights Act 2019 (Qld) and considered that neither the human rights of children nor the Applicant were affected or limited by this decision.  

Visit the judegement:  ST v Director General, Department of Justice and Attorney General [2022] QCAT 1