HIC v Commissioner for Children and Young People and Child Guardian

The case of HIC v Commissioner for Children and Young People and Child Guardian was heard by Graham Quinlivan, a member of the Queensland Civil and Administrative Tribunal (QCAT). HIC sought a review of the Commissioner's decision to issue a negative notice and thereby refuse his application for a Blue card, which is necessary for him to work in child-related employment. HIC has a significant criminal history involving drug offences, breaches of domestic violence orders, and animal cruelty. Despite his past, HIC argues that he has reformed and now wishes to work with children. The legal issue before the Tribunal was whether it was in the best interests of children for a positive notice to be issued to HIC.

The Tribunal found that while HIC has a supportive family and community network, he has also demonstrated an ongoing ability to come into conflict with the law. Although HIC has acknowledged his past mistakes, the Tribunal was concerned that he underestimates the seriousness of his drug offending and continues to attempt to minimise and justify his behaviour. The Tribunal concluded that it was not in the best interests of children for a positive notice to be issued to HIC at this point in time, as there was a real and appreciable risk that he might pose to the safety of children. The Tribunal ordered that the Commissioner's decision be confirmed and also made a confidentiality order to protect the identity of HIC and his children.

In summary, the Tribunal denied HIC's application for a Blue card due to his extensive criminal history and the risk he may pose to children. The Tribunal encouraged HIC to reapply for a Blue card in the future once he can demonstrate that he has addressed the identified issues. The reasons for the decision will be published in a de-identified format to protect the privacy of HIC and his children.