TRN v Director-General, Department of Justice and Attorney-General - [2018] QCAT 39

CITATION:

TRN v Director-General, Department of Justice and Attorney-General [2018] QCAT 39

PARTIES:	TRN (Applicant)
v
Director-General, Department of Justice and Attorney-General (Respondent)

APPLICATION NUMBER:

CML171-17

MATTER TYPE:

Childrens matters

HEARING DATE:

5 February 2018

HEARD AT:

Brisbane

DECISION OF:

Member Hughes

DELIVERED ON:

22 February 2018

DELIVERED AT:

Brisbane

ORDERS MADE:	1. The decision of the Director-General, Department of Justice and Attorney-General on 26 June 2017 to issue TRN a negative notice is confirmed. 2. The Tribunal prohibits the publication of any information in these proceedings that could identify any children in any way.
CATCHWORDS:	FAMILY LAW AND CHILD WELFARE UNDER STATE OR TERRITORY JURISDICTION AND LEGISLATION – OTHER MATTERS –application for review – blue card – negative notice – whether exceptional case – whether not in best interests of children to issue positive notice FAMILY LAW AND CHILD WELFARE UNDER STATE OR TERRITORY JURISDICTION AND LEGISLATION – OTHER MATTERS – protective factors – where protective factors included support network, no prior criminal history and ceasing to associate with past undesirable influences – where applicant well regarded by family and friends – where no offences child related or committed in presence of children FAMILY LAW AND CHILD WELFARE UNDER STATE OR TERRITORY JURISDICTION AND LEGISLATION – OTHER MATTERS – risk factors – where applicant convicted for failing to take reasonable care and precautions in respect of a syringe or needle and possessing used utensils or pipe – where no convictions recorded – where applicant associated with persons with drug-related issues – where applicant failed to act with sufficient responsibility to keep own immediate environment safe – where applicant minimised involvement and showed limited insight into risks presented by hazard FAMILY LAW AND CHILD WELFARE UNDER STATE OR TERRITORY JURISDICTION AND LEGISLATION – OTHER MATTERS –EXCEPTIONAL CASE – where applicant’s failure to appreciate seriousness of situation and attempts to minimise involvement are directly related to child-related employment – where failure to provide protective environment – where failure to properly manage immediate environment and failure to assist police to manage risk is contrary to responsibilities placed on those whom community trusts with paramount responsibility to protect children Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 20 Working with Children (Risk Management and Screening) Act 2000 (Qld), s 6, s 156, s 221, s 226, s 360, Schedule 1 Commissioner for Children and Young People and Child Guardian v Maher & Anor [2004] QCA 492 Drinkwater v Commission for Children and Young People and Child Guardian [2010] QCAT 293 HIC v Commissioner for Children and Young People and Child Guardian [2013] QCAT 403 Peri v Chief Executive Officer, Public Safety Business Agency [2015] QCAT 56 Pritchard v Chief Executive Officer, Public Safety Business Agency [2015] QCAT 25 Re TAA [2006] QCST 11 Stitt v Chief Executive Officer Public Safety Business Agency [2015] QCAT 257
APPEARANCES:
APPLICANT:	TRN appeared in person
RESPONDENT:	Ms S Jayatilaka appeared for the Director-General, Department of Justice and Attorney-General

REASONS FOR DECISION

What is this Application…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

AGLC: TRN v Director-General, Department of Justice and Attorney-General [2018] QCAT 39
Case: [2018] QCAT 39
Decision Date: 22 February 2018

CaseChat Overview and Summary

TRN applied for a blue card, which is a permit to work with children, but the Director-General issued a negative notice, refusing to grant the card. The tribunal was tasked with reviewing the decision. The key legal issues were whether the applicant had demonstrated an exceptional case warranting a positive notice and if it was in the best interests of the children for a positive notice to be issued. The tribunal assessed the applicant's protective and risk factors. Protective factors included a strong support network, no prior criminal history, and cessation of association with undesirable influences. The applicant was well-regarded by family and friends and had no child-related offences or those committed in the presence of children. However, risk factors included a conviction for failing to take reasonable care and precautions concerning a syringe or needle and possessing used utensils or a pipe. The applicant had been associated with individuals with drug-related issues and failed to act responsibly to keep their immediate environment safe. The applicant also minimised their involvement and showed limited insight into the risks presented by the hazard. The tribunal found that the applicant's failure to appreciate the seriousness of the situation and attempts to minimise involvement were directly related to their child-related employment. The tribunal also found that the applicant's failure to provide a protective environment, properly manage their immediate environment, and assist the police to manage the risk was contrary to the responsibilities placed on those trusted with the paramount responsibility to protect children. The tribunal confirmed the Director-General's decision to issue a negative notice and prohibited the publication of any information in these proceedings that could identify any children in any way.

Orders

Orders of the court

1. The decision of the Director-General, Department of Justice and Attorney-General on 26 June 2017 to issue TRN a negative notice is confirmed.

2. The Tribunal prohibits the publication of any information in these proceedings that could identify any children in any way.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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