TJS v Director General, Department of Justice and Attorney-General [2022] QCAT 214

Title: TJS v Director General, Department of Justice and Attorney-General [2022] QCAT 214
Date: June 9, 2022
Court or Tribunal: Queensland Civil and Administrative Tribunal
Decision Maker: Member Lember
HRA Sections: 13(2); 31; 34
Rights Considered: Right to a fair hearing; Right not to be tried or punished more than once
Other Legislation: Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 3(b), 9(1), 17(1), 19, 20, 21, 24, 66; Working with Children (Risk Management and Screening) Act 2000 (Qld) ss 5, 6, 221, 226, 353, 354, 360
Keywords: Blue Card
Summary: The matter concerned an application for a review of the respondent’s decision to issue a negative notice in respect of TJS’s application for a blue card. The Tribunal did not consider human rights in any detail but observed:

As required by the Human Rights Act 2019 (Qld), I have had regard to TJS’s human rights, including the right to a fair hearing and not to be punished more than once for her offences, however, in the circumstances I am satisfied that any limitation on these rights is consistent with the proper purpose of promoting and protecting the human rights, interests and wellbeing of children[40] and with the paramount nature of those interests: at [117]
Visit the judgement: TJS v Director General, Department of Justice and Attorney-General [2022] QCAT 214