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

Case

[2020] QCAT 312

5 August 2020


Details
AGLC Case Decision Date
REB v Director-General, Department of Justice and Attorney-General [2020] QCAT 312 [2020] QCAT 312 5 August 2020

CaseChat Overview and Summary

The Queensland Civil and Administrative Tribunal (QCAT) considered the case of REB v Director-General, Department of Justice and Attorney-General, which involved the review of a decision to issue a negative notice for REB to obtain a Blue Card. The decision was made under the Working with Children (Risk Management and Screening) Act 2000 (Qld). The Tribunal had to determine if issuing a positive notice for REB to obtain a Blue Card would not be in the best interests of children, considering both protective and risk factors. The key issue was whether REB's case was exceptional and whether it would be in the best interests of children to issue a positive notice for him to obtain a Blue Card. The Tribunal identified that REB had a conviction for contravention of a Protection Order in 2013 and had not accepted responsibility for his actions or their seriousness. There was also evidence of past and current professional treatment, coping strategies, and support networks to address anger which was deficient. REB expressed no remorse and limited insight into his past behaviour. The Tribunal concluded that REB had not demonstrated that he could exercise restraint and self-control in certain situations, sufficient to work with children. The risk factors outweighed the protective factors, and therefore, the Tribunal confirmed the decision of the Director-General to issue REB a negative notice. The reasons for the decision are to be published in a de-identified format only.
Details

Areas of Law

  • Administrative Law

  • Family Law

Legal Concepts

  • Administrative Review

  • Child Welfare

  • Risk Factors

  • Protective Factors

  • Best Interests of the Child