CA v Director-General, Department of Justice and Attorney General

In the case of CA v Director-General, Department of Justice and Attorney General, the dispute involves the applicant’s eligibility for a working with children’s check and her suitability for employment in a role involving children. The case was heard in the Queensland Civil and Administrative Tribunal.

The primary legal issue before the court was whether the applicant’s history of domestic violence and the specific incident on 7 March 2019, where she engaged in a physical altercation with her ex-husband and his sister, disqualified her from holding a working with children’s check. This involved assessing the seriousness of the offence and whether it demonstrated unsuitability for working with children.

The court considered the evidence provided by the applicant, including her career history in child care and her educational pursuits. It also examined the circumstances surrounding the incident on 7 March 2019, where the applicant and her brother were involved in an aggressive altercation with her ex-husband and his sister. The court weighed the seriousness of the offence against the applicant’s background and the nature of her involvement in the altercation. Ultimately, the court found that the applicant’s actions did not demonstrate unsuitability for working with children, taking into account her previous employment and the context of the incident.

The tribunal ruled in favour of the applicant, finding that she was not disqualified from holding a working with children’s check. The decision recognised the applicant’s history of working with children and her educational commitments, and determined that the incident in question did not establish unsuitability for such work.