5 October 2018

Refusal of Working With Children Check: WAE v Director-General, Department of Justice and Attorney-General

This case was heard by the Queensland Civil and Administrative Tribunal and involved an application by WAE, a former child care worker, to have her Blue Card reinstated so that she can continue her previous employment. WAE was previously a drug user and also lost her children for a time. The Tribunal did not believe that it was in the best interests of children for the Blue Card to be reinstated:
I am satisfied that WAE has not demonstrated a sufficient understanding of the risks associated with someone under the influence of drugs caring for children. I do not have any expert evidence from a counsellor or psychologist as to WAE’s current mental state, or her progress along the rehabilitation process. While WAE does not wish to return to drug use, she has yet to demonstrate a capacity to remain abstinent over the long term.
A Blue Card is issued unconditionally and would allow WAE to work unsupervised with children across a range of circumstances. In this case there are sufficient risks established on the evidence to satisfy the Tribunal that this is an exceptional case in which it would not be in the best interests of children for WAE to receive a positive notice. The decision under review is confirmed. (paras. 33-4)

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