Moore v Chief Executive Officer, Public Safety Business Agency

[2015] QCAT 123

CITATION: Moore v Chief Executive Officer, Public Safety Business Agency [2015] QCAT 123

PARTIES:	Ian Francis Moore (Applicant)
v
Chief Executive Officer, Public Safety Business Agency (Respondent)

APPLICATION NUMBER: CML237–14

MATTER TYPE: Childrens matters

HEARING DATE: 26 March 2015

HEARD AT: Innisfail

DECISION OF: Member Johnston

DELIVERED ON: 20 April 2015

DELIVERED AT: Brisbane

ORDERS MADE:

The decision of the Public Safety Business Agency dated 13 November 2014 to issue a negative notice to Ian Francis Moore is set aside and the Tribunal directs that a positive notice be issued.

CATCHWORDS:

CHILDRENS MATTER – BLUE CARD – REVIEW – where applicant seeks a review of the Agency’s decision to cancel a blue card and issue a negative notice – whether exceptional case exists – whether not in the best interests of children to issue a positive notice – where change in criminal history

Working with Children (Risk Management and Screening) Act 2000 ss 261, 266
Queensland Civil and Administrative Tribunal Act 2009 s 66

APPEARANCES:

APPLICANT: Ian Francis Moore

RESPONDENT: Peter Reid, in house counsel for the Public Safety Business Agency

REASONS FOR DECISION

Background

1. On 22 October 2012, the Applicant, Ian Francis Moore, was issued with a blue card by the Commission for Children and Young People and Child Guardian. The blue card functions are now administered by the Public Safety Business Agency (the Respondent).

2. Pursuant to the provisions of the Working with Children (Risk Management and Screening) Act 2000 (the Act), the Respondent was advised by the Queensland Police Service on 12 May 2014 of a change to the Applicant’s police information.

3. The Applicant was invited to make submissions about why the Respondent should not cancel the positive notice and blue card and issue a negative notice. The Applicant provided one written reference in response to the request for submissions.

4. On 13 November 2014, the Respondent cancelled the positive notice and blue card and issued a negative notice and provided the Applicant with a written notice outlining the decision, the reasons for the decision and the relevant review information.

5. On 1 December 2014, the Applicant lodged an application with the Queensland Civil and Administrative Tribunal (the Tribunal) to review the Respondent’s decision that the Applicant's case was an ‘exceptional case’ in which it would not be in the best interests of children for the Applicant to be issued with a positive notice and blue card.

Mr Moore

1. Mr Moore has a history of smoking marijuana that goes back to his teenage years.

2. His partner of four years Debra Kaminski was not prepared to accept the use of marijuana in her home and Mr Moore was required to leave.

3. Mr Moore has been attending the Alcohol Tobacco and Other Drugs Agency (ATOD’s) since November 2014 to deal with his drug addictions.

4. He was involved in an altercation on 10 May 2014 with the 24-year-old son of his partner Luke where a cane knife was thrust into a pole to cause fear. He admitted trying to scare Luke and acknowledged…