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

The Applicant, RWH, sought a review of a decision by 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 Tribunal was required to decide whether an exceptional case existed for the issuance of a positive notice, considering the paramount principle of the best interests of children. The Applicant had a significant history of drug-related and property offences, including break and enter offences targeting a school, which caused considerable trauma to child victims. The Applicant also had a cavalier attitude towards penalties imposed by the Court, showing little regard for the law or law enforcement. The Tribunal considered the mandatory matters under section 226 of the WWC Act, including the nature of the offence and its relevance to employment involving children. The Applicant's criminal history, lack of insight into his offending, and the impact on others were significant risk factors. The Tribunal found that the Applicant had not demonstrated sufficient insight into the effects of his drug-related activity and the decisions flowing from it. The Applicant's case was exceptional due to the totality of the evidence, which made it unsafe to issue a BlueCard, fully transferable in these circumstances. The Tribunal confirmed the decision of the Director-General, Department of Justice and Attorney-General 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). The publication of any information that could identify the Applicant, any family member, any child, or non-party to the proceedings was prohibited, except as necessary for the parties to engage in and progress these proceedings.