Working with Children Check: NPJ v Director-General, Department of Justice and Attorney-General

In this case the educator (NPJ) sought a review by the Queensland Civil and Administrative Tribunal of the decision by the Department of Justice & the Attorney General (respondent) to not reinstate his blue card. The Department of Education issued NPJ a Prohibition Notice under s.182, Education and Care Services National Law. The Prohibition Notice was issued as a result of NPJ leaving four children who were in his care, with his then 17-year-old daughter for a period of 40 minutes while they were visiting a library. Soon after the respondent issued a negative notice to NPJ as a result of the issue of the Prohibition Notice. Subsequently, agreement was reached between NPJ and the Department that the Prohibition Notice be cancelled provided that NPJ undertake further education in relation to his responsibilities as a family day care educator and provide evidence of completion of that study and give an enforceable undertaking to the Department confirming that he would ensure adequate supervision was in place for any children in his care in the future. NPJ undertook the training, provided evidence of its completion, gave the enforceable undertaking to the Department, and withdrew the application for review of the decision to issue the Prohibition Notice. The Department then cancelled the Prohibition Notice.

In considering reinstatement of the blue card the Tribunal balanced the protective factors against the risk factors and supported reinstatement of the blue card stating that (para. 54):

Since these incidents, the applicant has reflected upon his conduct and accepts that when he is tasked with the care of children, they are his responsibility. NPJ accepted the need to prioritise children in his care. He accepted that it was not appropriate to leave the children in the care of his underaged daughter. The Tribunal finds that NPJ is remorseful for his behaviour. He has since undertaken studies to further his knowledge, including his knowledge of the care of children, and has developed strategies to ensure that the conduct is not repeated. The Tribunal finds that NPJ has developed insight into the serious consequences of the failure to properly care for children for whom he is responsible.