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

The applicant, Ceb, sought judicial review of the decision by the Director-General, Department of Justice and Attorney-General to issue a negative notice under the Child Protection Act 1999 (Qld). The dispute centred on the decision-maker's assessment that it was not in the best interests of the children for the applicant to receive a positive notice, thereby enabling her to foster children in her care. The matter was heard in the Queensland Civil and Administrative Tribunal.

The legal issues before the tribunal were whether this constituted an exceptional case warranting a positive notice and whether it was in the best interests of the children for the applicant to be issued with a positive notice. The court needed to balance the protective factors, such as the applicant's engagement with community organisations, training, counselling, and a strong support network, against the risk factors. The risk factors included the applicant's failure to act protectively towards the children, inappropriate contact with a family member convicted of child-related sex offences, and inadequate emotional support for a foster child.

In deciding the matter, the tribunal considered that the children in question were particularly susceptible, necessitating a higher standard of care. The tribunal found that the risk factors significantly outweighed the protective factors. The applicant failed to heed warning signs, did not act protectively, and showed limited insight into the risks involved. The tribunal held that the applicant's actions demonstrated an inability to place a child's interests above her own personal views and feelings, which is contrary to the responsibilities placed on those entrusted with the paramount responsibility to protect children.

The tribunal confirmed the Director-General’s decision to issue a negative notice and prohibited the publication of any information that could identify the applicant or the children.