CSG v Director General, Department of Justice and Attorney-General [2022] QCAT 412
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Title
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CSG v Director General, Department of Justice and Attorney-General [2022] QCAT 412
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Date
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December 13, 2022
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Summary
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The Tribunal considered itself bound by s 58 of the Human Rights Act 2019 (Qld) as a public entity when performing its role for reviewing the decision. The Tribunal noted the applicant’s right to privacy and reputation (section 25), right to a fair hearing (section 31) and right to take part in public life (section 23). The Tribunal also noted the competing right to protection of families and children (section 26). The Tribunal did not engage in any substantive discussion of those competing human rights.
The Tribunal affirmed the application on the grounds that the case was not exceptional under the Working with Children (Risk Management and Screening) Act 2000 (Qld). The Tribunal gave particular weight to the length of time that had passed without any criminal convictions, as well as evidence that the applicant’s life was now manifestly different from the life she led in the period when she was charged with numerous offences.
