TCD v Director General Department of Justice and Attorney-General [2023] QCAT 277

Date: 23 June 2023
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Member Davies
Human Rights Act 2019 (Qld) Sections: ss 23, 25, 26.
Rights Considered: Taking part in public life; right to privacy and reputation; right to protection of families and children.
Other Legislation: Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 20, 66, Working with Children (Risk Management and Screening) Act 2000 (Qld) ss 5, 6, 221, 225, 226, 353, 360.
Keywords: Blue Card, Children and Families, Criminal Law and Corrective Services, Public Law Considerations.

This case concerned an application for review of the respondent’s decision to issue a negative notice (that is, deny the applicant a Blue Card) under the Working with Children (Risk Management and Screening) Act 2000 (WWC Act). Member Davies noted a number of competing rights protected by the Human Rights Act 2019 (Qld) including the applicant’s right to privacy and reputation (section 25) and right to take part in public life (section 23), as well as right of every child to the protection that is needed by the child (section 26). Member Davis ‘narrowly’ came to the view that the applicant should be issued a Blue Card, but did not otherwise explain what consideration or weight was given to each of those competing rights in reaching that view.

Visit the judgment: TCD v Director General Department of Justice and Attorney-General [2023] QCAT 277