SBM v Director-General, Department of Justice and Attorney-General [2023] QCAT 306
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Title
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SBM v Director-General, Department of Justice and Attorney-General [2023] QCAT 306
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Date
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July 18, 2023
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Summary
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SBM’s Blue Card was cancelled in 2014 and in 2015, SBM was convicted of several drug-related offences including trafficking. In 2020, SBM applied to have the negative notice against him cancelled but his application was refused. He then appealed to the Tribunal.
The Applicant led evidence about steps he had taken since 2015 to assist his personal development and rehabilitation, such that he is free from drug dependence and has a strong support network.
In outlining the legislative framework and role, the Tribunal acknowledged its obligations under the Human Rights Acts 2019 (Qld) as a public entity and noted the relevance of the Applicant’s right to privacy and reputation (section 25) and right to a fair hearing (section 31), as well as the rights of children generally (section 26). In affirming the decision not to cancel SBM’s negative notice, the Tribunal noted the paramount consideration to the welfare and best interests of a child, but did not include any discussion in respect of human rights in its substantive reasoning other than to assert that competing human rights had been evaluated (at [43]).
