AB v Director General, Department of Justice and Attorney-General [2022] QCAT 413
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Title
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AB v Director General, Department of Justice and Attorney-General [2022] QCAT 413
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Date
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December 20, 2022
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Summary
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This case concerned an application for the review of a negative blue card notice. The Tribunal recognised it was acting as a public entity and was obligated to make a decision in a way that was compatible and consistent with human rights and to limit human rights only to the extent that it was reasonable and demonstrably justified. The Tribunal considered that there was no basis to limit AB’s human rights, namely the right to privacy and reputation (section 25), right to take part in public life (section 23) and right to further vocational education and training (section 36(2)) under the Human Rights Act 2019 (Qld), by issuing the negative blue card notice: [61]. Due to evidence that AB no longer engaged in the criminal conduct of his youth and had reformed his lifestyle, the Tribunal found that AB did not pose a risk to children and the respondent’s decision was set aside.