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

[2018] QCAT 32

CITATION: JQM v Director-General, Department of Justice and Attorney-General [2018] QCAT 32

PARTIES:	JQM (Applicant)
v
Director-General, Department of Justice and Attorney-General (Respondent)

APPLICATION NUMBER: CML223-17

MATTER TYPE: Childrens matters

HEARING DATE: 1 February 2018

HEARD AT: Brisbane

DECISION OF: Member Hughes

DELIVERED ON: 9 February 2018

DELIVERED AT: Brisbane

ORDERS MADE:

1.    The decision of the Director-General, Department of Justice and Attorney-General on 23 August 2017 to issue JQM a negative notice is confirmed.  

2.    The Tribunal prohibits the publication of any information in these proceedings that could identify the children in any way.

CATCHWORDS:

FAMILY LAW AND CHILD WELFARE – CHILD WELFARE UNDER STATE OR TERRITORY JURISDICTION AND LEGISLATION – OTHER MATTERS – application for review – blue card – negative notice – whether exceptional case – whether not in best interests of children to issue positive notice

FAMILY LAW AND CHILD WELFARE – CHILD WELFARE UNDER STATE OR TERRITORY JURISDICTION AND LEGISLATION – OTHER MATTERS – protective factors – where protective factors included ending relationship of domestic violence, undergoing psychological treatment and counselling, maintaining strong support network, identifying triggers for behaviour, maintaining drug-free lifestyle for over four years, expression of remorse, some insight and development of coping strategies

FAMILY LAW AND CHILD WELFARE – CHILD WELFARE UNDER STATE OR TERRITORY JURISDICTION AND LEGISLATION – OTHER MATTERS – risk factors – where conviction for failing to take reasonable precautions in respect of syringe or needle – where failure to ensure safe environment for children – where contravention of domestic violence order – where contravention was response to significant provocation from partner – where applicant had long history of drug abuse and toxic relationships, exposing her children to protracted periods of violence and abuse causing them both physical and emotional harm – where applicant’s children not properly protected – where serious concerns about applicant’s ability to provide protective environment for her children and exposing them to risk of harm – where evidence shows that in recent past applicant reverted to behaviour exposing her children to risk despite engaging with support services – where Tribunal not satisfied that applicant has yet had opportunity to apply her coping strategies over sufficiently extended period to protect children’s interests 

FAMILY LAW AND CHILD WELFARE – CHILD WELFARE UNDER STATE OR TERRITORY JURISDICTION AND LEGISLATION – OTHER MATTERS – exceptional case –  where applicant’s failure to provide protective environment over extended period for her own children is relevant to child-regulated employment – where applicant must act to protect children in potentially stressful or threatening situations – where applicant recently allowed former partner to see her youngest child despite him being perpetrator of domestic violence – where applicant needs more time to demonstrate her ability to always act in best interests of children – where applicant’s failure to protect her children from abuse and violence and attempts to minimise violence as recently as 2016 are risk factors that presently outweigh protective factors

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 20, s 66