Peri v Chief Executive Officer, Public Safety Business Agency

[2015] QCAT 56

CITATION: Peri v Chief Executive Officer, Public Safety Business Agency [2015] QCAT 56

PARTIES:	Cyrus Harry Peri (Applicant)
v
Chief Executive Officer, Public Safety Business Agency (Respondent)

APPLICATION NUMBER: CML162-14

MATTER TYPE: Childrens matters

HEARING DATE: 6 February 2015

HEARD AT: Southport

DECISION OF: Member Joachim

DELIVERED ON: 11 February 2015

DELIVERED AT: Brisbane

ORDERS MADE: 1.    The decision of the Public Safety Business Agency to issue Cyrus Harry Peri with a negative notice is set aside and he is to be issued with a positive notice and blue card.

CATCHWORDS:

Blue Card – exceptional case – where applicant has charges and offences for manslaughter and assault – where applicant’s violent behaviours have been alcohol fuelled – where applicant has self limited alcohol use – where protective factors outweigh risk factors – whether applicant’s case is exceptional

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 20, s 22
Working with Children (Risk Management and Screening) Act 2000 (Qld), s 5, s 6, s 221, s 226, s 360

Commissioner for Children and Young People and Child Guardian v Maher & Anor [2004] QCA 492
HT v Chief Executive Officer, Public Safety Business Agency [2015] QCAT 55
Re TAA [2006] QCST 11

APPEARANCES:

APPLICANT: Mr Cyrus Harry Peri

RESPONDENT: Public Safety Business Agency

REPRESENTATIVES:

APPLICANT: Self

RESPONDENT: Mr P Reid

REASONS FOR DECISION

1. Mr Cyrus Peri is 33 years of age. He lives on the Gold Coast and works part time, combined with caring for his infant child. He wishes to obtain a licence to coach boxing.

2. The Public Safety Business Agency which has responsibility for the issuing of positive notices and blue cards, issued him with a negative notice on 25 July 2014.

3. Mr Peri seeks a review of that decision so he can obtain a licence to coach boxing.

4. Mr Peri has a criminal history from 2003 until 2010. Most of this history involves public nuisance and assault charges. For most of these he was fined. He was charged with manslaughter in 2008 in New South Wales. He was found not guilty in 2010. Shortly after his acquittal he was involved in a violent fracas in Surfers Paradise. Most of his charges and offences arose from alcohol fuelled violence.

5. As none of his offences are serious offences under the legislation, Mr Peri 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.[1]

   [1]Working with Children (Risk Management and Screening) Act 2000 (Qld) s 221.

6. The Tribunal is conducting a review of the merits of the Agency’s decision by way of a fresh hearing.[2] 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…