A substantiation decision under s 14(1)(a) of the Child Protection Act 1999 (Qld) is a reviewable decision under the Judicial Review Act 1991 (Qld), satisfying both limbs of the [name withheld] test. The standard of proof for substantiating an allegation of harm is the civil standard of the balance of probabilities, subject to the [name withheld] qualification. Procedural fairness in child protection investigations does not require an oral hearing or the opportunity to cross-examine the complainant child. The right to privacy under s 25 of the Human Rights Act 2019 (Qld) may be limited by a substantiation decision where the limitation is proportionate to the legitimate aim of child protection.
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