Blue card rejection stood aside

A CONVICTED drug and property criminal successfully won a bid to have his rejected blue card application stood aside.

The man, who cannot be named to legal reasons, applied for a blue card on September 23, 2010, because he resided in a house with his parents-in-law, who were foster carers.

On June 20, 2011, the Commissioner for Children, Young People and Child Guardian issued the man with a "negative notice" after discovering the man's considerable criminal history involving stealing, assaults and a range of drug offences.

In September 2011, the man applied for a review of the decision to the Queensland Civil and Administrative Tribunal, which was heard in Ipswich in March.

In a written judgement posted online this week, the tribunal ordered the commissioner's negative notice decision be stood aside.

But QCAT also found the man did not need to have a blue card, contrary to initial belief.

Because the man's parents-in-law had been granted long-term guardianship of the foster child in their care, the man was not required to hold a blue card.

"Neither the commissioner nor the tribunal has the power or jurisdiction to issue (the man) with a blue card as he is not engaged in regulated employment," QCAT stated in a judgement.

But the man told QCAT he was not vying for approval for a blue card but simply for the negative notice issued against him to be stood aside.

QCAT agreed and ordered the negative notice be dismissed.



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