The truck driver, who wants to move into youth work, served time for violent crimes, is a former drug addict and had a domestic violence order against him.
The truck driver, who wants to move into youth work, served time for violent crimes, is a former drug addict and had a domestic violence order against him.
By Cloe Read
January 19, 2025 — 5.38pm
A truck driver with an extensive criminal history involving a domestic violence order, armed robbery, and jail time has had a decision to refuse his Blue Card application overturned.
The Queensland man, who was de-identified in court documents published this week, applied for a Blue Card in 2020 but was refused by the state government.
The man had what was described as an extensive criminal history, including common assault and assaults occasioning bodily harm in company, drug offences, fraud, entering a dwelling at night and threats of violence whilst armed in company.
He applied to the Queensland Civil and Administrative Tribunal for a review of the Blue Card refusal, stating that while he currently works as a truck driver, he wished to move into youth work.
“He believes that his history and experience will provide him with the background to assist youths to avoid following the path of drug addiction and criminal activity he was drawn into as a young person,” documents state.
The Justice Department argued there was a lack of evidence supporting the man’s ability to manage his anger and frustration, respond appropriately to conflict and stress, and provide a protective environment for children.
The man had been subject to a domestic violence order following an incident at a petrol station in 2009, with an allegation that he raised his fist at his wife during an argument in a car with children present.
The pair later agreed they were arguing, but there was no violence, and the man did not dispute the order as he was advised it would not affect him, documents state.
The couple also relinquished a child to the care of Child Safety.
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The state argued the man’s criminality was far more extensive than what was reflected in his record, and although there had been no offending for more than a decade, that was “not a reliable indicator of him ceasing the misuse of substances”.
The man submitted evidence from his wife, pastor, and GP that he accepted he was described as an “abusive and high maintenance prisoner”. But he has since participated in counselling to manage the effects of trauma. Documents stated he was assaulted in both juvenile detention and jail.
“He has not taken illegal drugs or engaged in criminal activity since 2013. He puts that down to engagement with counselling … ongoing preventative medication, distancing himself from the people who were previously in his life, and the support of his wife, pastor, friends and GP,” the submission read.
Documents said previous attempts to use medication as part of a plan to stop the misuse of drugs were unsuccessful as he continued to use heroin.
“He is now very careful with what he consumes. Even as an interstate truck driver, he does not consume stimulants or energy drinks to stay awake,” the documents read.
The state said although the man had a support network, he continued to offend until 2013, and it urged the tribunal to not find that same network sufficient to prevent a relapse, when it did not in the past.
Tribunal member Pam Goodman said the man made some terrible mistakes as a teenager, which led him into a life of criminality, violence, and drug abuse.
She said there was no evidence the applicant had abused drugs in the past 12 years, but accepted there would always be a risk that he could return to drugs.
“He has not attracted the attention of the police for over 12 years. That is an exceptional achievement,” Goodman said.
She said the department had urged her to consider the man’s behaviour between 1998 and 2012 as an indicator of his likely future behaviour. But she said his behaviour since 2013 was a better predictor.
Goodman was satisfied the criteria had been met for his case to be considered exceptional, and that issuing a positive notice would not harm children’s best interests.
“I make that decision based on the [man’s] actions in persisting for many years in his efforts to manage his addiction, ultimately ceasing involvement in the use of drugs, cutting himself off from drug associates, accepting help and support, engaging in appropriate counselling, committing himself to be a positive and contributing member of society, and maintaining this way of life for some 12 years.”
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