22 February 2018

Working With Childcren Checks: JQM v Director-General, Department of Justice and Attorney-General

This is a case heard by the Queensland Civil and Administrative Tribunal in relation to reinstatement of a Blue Card. It is an interesting case as the person involved was an educator at a childcare centre (JQM) and in this case the Tribunal looked at her criminal history and impact on her own children in making the assessment of whether she was suitable to hold a Blue Card. The Tribunal decided not to reinstate the Blue Card, as the Tribunal remarked:
JQM submitted that all of her issues have been in her private life and she has never had any problems or issues at work. However, her failure to provide a protective environment over an extended period for her own children is relevant to child-related regulated employment. JQM must act to protect children in potentially stressful or threatening situations (para 46)...
Her failure to protect her children from abuse and violence and attempts to minimise that violence as recently as 2016 are risk factors that presently outweigh the protective factors. It is too early to be satisfied that JQM has developed her skills and attitudes sufficiently to take responsibility for her own actions and the protection of children (para.51)

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