VSS v Director-General, Department of Justice and Attorney-General [2021] QCAT 96

Date: 9 March 2021
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Member McDonnell
Human Rights Act 2019 (Qld) Sections: ss 13, 26(2) 31, 34, 58
Rights Considered: Right to a fair hearing; Right not to be tried or punished more than once; Right to protection of families and children
Other Legislation: Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 19, 20, 24, 66; Working with Children (Risk Management and Screening) Act 2000 (Qld) ss 5, 6, 221, 226, 360, 580, Schedule 7
Keywords: Blue Card

This matter concerned an application for a review of a decision from the respondent that the applicant’s case was an exceptional case and that, therefore, the applicant’s positive notice should be cancelled. The applicant was studying to be nurse and had recent drug charges. The Tribunal balanced the applicant’s right to a fair hearing (section 31) and right not to be tried or punished more than once (section 34) against the right of every child to the protection needed by them (section 26(2)) and found that any limitations arising from the Tribunal’s decision that the applicant’s case was not an exceptional case were justifiable in the circumstances.

Visit the judgment: VSS v Director-General, Department of Justice and Attorney-General [2021] QCAT 96