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

JR appealed against the decision of the Director-General, Department of Justice and Attorney-General to issue a negative notice under the Working with Children (Risk Management and Screening) Act 2000 (Qld). The appeal was heard by the Queensland Civil and Administrative Tribunal (QCAT) which was required to determine whether the decision to issue a negative notice was justified. The court had to consider whether JR's case was 'exceptional' under section 221(2) of the Act, and whether it was in the best interests of the children to issue a positive notice.

The primary issue was whether JR's case was 'exceptional' and whether it was not in the best interests of the children to issue a positive notice. The court needed to weigh the risk factors against the protective factors. Risk factors included JR's failure to protect her children from an environment of trauma and violence and attempts to minimise that violence as recently as 2017. Protective factors included the absence of reported incidents of domestic violence since 2017, JR's self-reflection and assessment of key triggers, and her coping strategies. The court concluded that the risk factors outweighed the protective factors and that JR had not yet sufficiently developed her skills and attitudes to take responsibility for her own actions and the protection of her children.

The tribunal found that JR's case was 'exceptional' and that it was not in the best interests of the children to issue a positive notice. The tribunal held that JR's responsibility to provide a safe environment for her children had not been met, and that the paramount interests of the children must take priority over JR's interests. The tribunal confirmed the Director-General's decision to issue a negative notice and directed that these reasons be published in a de-identified format only.

ORDERS:
1. The decision of the Director-General, Department of Justice and Attorney-General on 13 December 2019 that the Applicant’s case is ‘exceptional’ within the meaning of section 221(2) of the Working with Children (Risk Management and Screening) Act 2000 (Qld) is confirmed.
2. These reasons are to be published in a de-identified format only.