ABC10611 v Director-General, Department of Justice (Blue Card Services) [2026] QCAT 325

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL CITATION: ABC10611 v Director-General, Department of Justice (Blue Card Services) [2026] QCAT 325 PARTIES: ABC10611 (applicant) v DIRECTOR-GENERAL, DEPARTMENT OF JUSTICE (BLUE CARD SERVICES) (respondent) APPLICATION NO/S: CML227-24 MATTER TYPE: Childrens matters DELIVERED ON: 21 July 2026 HEARING DATE: 21 July 2026 HEARD AT: Brisbane DECISION OF: Member Lee Benjamin ORDERS: 1. The Applicant’s application is dismissed pursuant to s 48(2)(a) of the Queensland Civil and Administration Act 2009 (Qld). 2. Pursuant to s 66 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld), the identity of the Applicant shall be anonymised, and the Applicant will be identified in the reasons for decision by way of a pseudonym. 3. Pursuant to s 66(1) of the Queensland Civil and Administration Tribunal Act 2009 (Qld), the publication of the contents of a document, or other thing, produced to the Tribunal is prohibited to that extent that it could identify, or lead to identification of, the Applicant, or any third party, save as is necessary for the parties and the Tribunal to give effect to these orders. CATCHWORDS: ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where applicant non- compliant with s 45 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) – where applicant has failed to attend hearing without reasonable excuse – where applicant familiar with Tribunal practices and procedures – whether proceeding should be dismissed or struck out under s 48 of the Queensland Civil and -- 1 of 3 -- 2 Administrative Tribunal Act 2009 (Qld) Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 45, s 48, s 66 Working with Children Act 2000 (Qld) APPEARANCES & REPRESENTATION: Applicant: Self-represented Respondent: Mr P McNeill, Department of Justice REASONS FOR DECISION [1] On 23 March 2024, the Applicant applied for a blue card under the Working with Children Act 2000 (Qld). [2] On 11 July 2024, the Respondent refused the Applicant’s application. The Respondent’s decision was that the Applicant’s case was an “exceptional case” in which it would not be in the best interests of children for the Applicant to hold a blue card. [3] On 13 August 2024, the Applicant filed an application in the Tribunal seeking review of the Respondent’s decision. [4] On 8 June 2026, the Tribunal issued a hearing notice to the parties, for a hearing on 21 July 2026 at 9.30am. [5] On 12 June 2026, the Tribunal commenced the hearing at 9.30am. The Respondent appeared at the hearing and was ready to proceed. The Applicant did not appear at the hearing. There is no information before me that the Applicant sought, or was granted, an adjournment of the hearing, prior to 9.30am on 21 July 2026.1 [6] Under s 45 of the Queensland Civil and Administration Act 2009 (Qld) (Act), parties to a Tribunal proceeding must act quickly in any dealings relevant to the proceeding. [7] Under s 48 of the Act, the Tribunal may, on its own initiative, dismiss a proceeding where an applicant acts in a way that unnecessarily disadvantages a respondent, including by, among other things, not complying with the Act or failing to attend the hearing of the proceeding without reasonable excuse. [8] In the circumstances, I consider that the Applicant has caused unnecessary disadvantage to the Respondent by: (a) contravening s 45 of the Act; and (b) failing to attend the hearing of the proceeding without reasonable excuse. [9] I have decided to dismiss the Applicant’s application under s 48(2)(a) of the Act. 1 The Respondent indicated that the Applicant had exchanged correspondence with the Respondent, suggesting that the Applicant did not wish to proceed. However, it does not appear that the Applicant has withdrawn their application. -- 2 of 3 -- 3 [10] In acting under s 48(2), I have had regard to whether the Applicant: (a) is familiar with the Tribunal’s practices and procedures; (b) has the capacity to understand and act on the Tribunal’s orders and directions; and (c) is acting deliberately. [11] In my view, the Applicant is familiar with the Tribunal’s practices and procedures, and has the capacity to understand and act on the Tribunal’s orders and directions. I make no finding in relation to whether the Applicant is acting deliberately in causing disadvantage. [12] I note that the Tribunal’s decision has no impact on the Applicant’s ability to make a fresh application for a blue card. -- 3 of 3 --