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

In the matter of GM v Director-General, Department of Justice and Attorney-General, the Queensland Civil and Administrative Tribunal (QCAT) was asked to determine whether GM's case was exceptional in the context of the Working with Children (Risk Management and Screening) Act 2000 (Qld). GM had applied for a positive notice and a blue card, but the Department issued her with a negative notice, concluding that her case was exceptional and that it would not be in the best interests of children for her to be issued with a positive notice and a blue card. GM sought a review of the Department's decision, and the Tribunal was required to decide whether an exceptional case existed and whether it would be in the best interests of children for GM to be issued with a positive notice and a blue card.

The Tribunal considered the evidence presented by both parties and the relevant legal principles. GM had a criminal history, including a conviction for threatening violence against a child in 2009. The Department argued that GM's past conduct and behaviour continued to present an unacceptable risk to children and young people, and that she lacked genuine insight into the impact of her actions on her children. GM, on the other hand, argued that she had not committed any further criminal offences since 2009 and had made a positive and educational impact on all young people she had come in contact with while waiting for her application to be considered.

The Tribunal concluded that GM's case was not exceptional, and that it was in the best interests of children for her to be issued with a positive notice and a blue card. The Tribunal found that while GM's past conduct and behaviour were concerning, there was no evidence to suggest that she continued to pose an unacceptable risk to children and young people. The Tribunal also found that GM had demonstrated genuine insight into the impact of her actions on her children and had taken positive steps to address her past behaviour.

In light of the Tribunal's decision, the Director-General's decision that GM's case was exceptional was set aside, and the Tribunal issued a positive notice and a blue card to GM. The Tribunal also made a non-publication order to protect the identities of GM and her children.