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

This case involves the applicant, IHI, who sought judicial review of a decision made by the Director-General of the Department of Justice and Attorney-General (the respondent) to cancel her positive notice and issue a negative notice under the Blue Card Scheme, which is a legislative requirement for certain types of employment and eligibility to be a kinship carer. The respondent had cancelled IHI's positive notice and issued a negative notice due to concerns about her criminal history, including drug use and domestic violence. The primary legal issue before the court was whether the decision to cancel IHI's positive notice and issue a negative notice was lawful, particularly in light of the Human Rights Act 2019 (Qld), which came into effect on 1 January 2020.

The court found that since the Human Rights Act 2019 (Qld) commenced on 1 January 2020, and the review was commenced on 9 September 2019, the act did not apply to this case. However, the court acknowledged that even if the act were applicable, the decision would be compatible with human rights as it would be justified under section 13 of the act, which allows for limitations on rights if they are reasonable and necessary in a democratic society for the protection of the rights or reputations of others, or for the protection of national security, public order, or public health or morals. The court emphasised that the decision was made to protect the best interests of children, which is a human right in itself. The court also considered various risk factors and protective factors as outlined in previous cases, such as Maher v Secretary, Department of Community Safety, and found that IHI's criminal history and lack of insight into the seriousness of her behaviour justified the decision.

Ultimately, the court upheld the decision of the respondent to cancel IHI's positive notice and issue a negative notice, finding that the decision was lawful and justified under the relevant legislation and human rights considerations. The court dismissed IHI's application for judicial review.