LM v Director-General, Department of Justice and Attorney-General [2022] QCAT 333

Court / Tribunal: Queensland Civil and Administrative Tribunal
Date of decision: 5 September 2022
Type of proceeding: Review of Blue Card decision
Human Rights Act sections: s 23 (right to take part in public life), s 25 (right to privacy), s 26 (protection of families and children), s 28 (cultural rights - Aboriginal peoples and Torres Strait Islander peoples), s 31 (fair hearing), s 34 (right not to be tried or punished more than once), s 36 (right to education), s 58 (obligations of public entities)

Summary

This was a review of a decision to cancel the applicant’s blue card. While ultimately the decision was confirmed, QCAT accepted that proper consideration of human rights under the HR Act required QCAT to consider whether hardships caused by its decision affected human rights. A number of human rights were considered, acknowledging that the right to privacy and protection of families applied to relationships between foster parents and children, and that the right to work might be protected by other rights, such as the right to take part in public life, or the right to education.