HT v Chief Executive Officer, Public Safety Business Agency

[2015] QCAT 55

CITATION: HT v Chief Executive Officer, Public Safety Business Agency [2015] QCAT 55

PARTIES:	HT (Applicant)
v
Chief Executive Officer, Public Safety Business Agency (Respondent)

APPLICATION NUMBER: CML174-14

MATTER TYPE: Childrens matters

HEARING DATE: 12 December 2014

HEARD AT: Brisbane

DECISION OF: Member Joachim

DELIVERED ON: 2 February 2015

DELIVERED AT: Brisbane

ORDERS MADE: 1.    The decision of the Public Safety Business Agency to cancel the applicant’s positive notice and blue card and to issue him with a negative notice is confirmed.

CATCHWORDS:

Blue Card – Exceptional Case – where applicant has breached domestic violence order – where Commissioner for Children and Young People and Child Guardian received complaint from Red Cross regarding applicant’s behaviour toward pregnant teenager client of Red Cross – where applicant’s positive notice was cancelled by Public Safety Business Agency – where review sought so applicant can engage in child related employment – where risk factors outweigh protective factors – whether applicant’s case is exceptional

Working with Children (Risk Management and Screening) Act 2000 (Qld), s 5, s 6, s 226, s 360

Commissioner for Children and Young People and Child Guardian v Maher & Anor [2004] QCA 492
Re TAA [2006] QCST 11

APPEARANCES:

APPLICANT: HT

RESPONDENT: Public Safety Business Agency

REPRESENTATIVES:

APPLICANT: Self

RESPONDENT: Ms N Taylor

REASONS FOR DECISION

1. HT is 37 years of age. He lives in Brisbane and is currently not working. He wishes to study to become more involved in childhood learning. He has been a volunteer in various agencies in recent years.

2. He first received a positive notice and blue card in 2003. He had been issued with a number of positive notices and blue cards over the years, the most recent being 14 February 2012. Following notification by the Queensland Police Service that HT’s police information had changed his eligibility for a blue card was reassessed.

3. On 7 August 2014, following that reassessment the Public Safety Business Agency which now has responsibility for the issuing of positive notices, HT’s positive notice and blue card was cancelled and he was issued with a negative notice.

4. HT seeks a review of that decision so he can pursue working with children and young people.

5. As none of his offences are serious offences under the legislation, HT is entitled to receive a positive notice and blue card unless it is considered his is an exceptional case such that it would harm the best interests of children for him to have a positive notice.

6. The Tribunal is conducting a review of the merits of the Agency’s decision by way of a fresh hearing. The Tribunal needs to apply the same law as the Agency. The Tribunal has to take into account s 226 of the Working with Children (Risk Management and Screening) Act 2000 (Qld) (‘Working with Children Act’). This outlines what I have to consider in deciding if an exceptional case exists.

7. The purpose of the review is to produce the correct and preferable decision. The Tribunal may:

   a)    confirm…