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

[2020] QCAT 252

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

SSJ v Director-General, Department of Justice and Attorney-General [2020] QCAT 252

PARTIES:

SSJ

(applicant)

v

DIRECTOR-GENERAL, DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL

(respondent)

APPLICATION NO/S:

CML144-19

MATTER TYPE:

Childrens matters

DELIVERED ON:

17 June 2020

HEARING DATE:

13 March 2020

HEARD AT:

Townsville

DECISION OF:

Member Johnston

ORDERS:

1.   The decision of the Director-General, Department of Justice and Attorney-General dated 18 March 2019 to issue a negative notice to SSJ is set aside as the Tribunal finds that there is no exceptional case.

2.   The practice in accordance with the decision referred to in paragraph 113 of his Honour Justice Carmody is that the matter is remitted back to the Respondent to take into account the reasons and decision of the Tribunal.

CATCHWORDS:

FAMILY LAW AND CHILD WELFARE – CHILD WELFARE UNDER STATE OR TERRITORY JURISDICTION AND LEGISLATION – OTHER MATTERS – BLUE CARD – where Applicant seeks a review of the decision to issue a negative notice – where change of criminal history – charge of Domestic Violence – whether or not in the best interests of children to issue a positive notice

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 24, s 66

Working with Children Risk Management and Screening Act 2000 (Qld), s 5, s 6, s 221, s 226, s 354, s 360

Commissioner for Children and Young People and Child Guardian v Maher & Anor [2004] QCA 492

Commissioner for Children and Young People and Child Guardian v FGC [2011] QCATA 291

RPG v Public Safety Business Agency [2016] QCAT 331

APPEARANCES & REPRESENTATION:
Applicant:	I Baxter, solicitor of O’Shea & Dyer Solicitors
Respondent:	D Taylor, Government Legal Officer

REASONS FOR DECISION

Background

1. The Applicant, SSJ, has applied for a review of a reviewable decision under the Working with Children (Risk Management and Screening Act) 2000 (Qld).

2. The Applicant had previously been issued with a positive notice and blue card under the Act on 14 August 2017.

3. After receiving further information from the Queensland Police Service the Applicant’s eligibility has been re-assessed and the Respondent issued a negative notice under the Act.

4. The Applicant was provided with written notice of the decision, the reasons for the decision and the relevant review information.

5. On 15 April 2019, the Applicant filed an application to 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.

Relevant law to be applied

1. The relevant law to be applied is the Working with Children (Risk Management and Screening) Act 2000 (Qld) (the Act) and the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (the QCAT Act).

2. The object of the Act is to promote and protect the rights, interests and well-being of children in Queensland. The paramount consideration in an employment screening decision is a child’s entitlement to…