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GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 108

Non-publication order

108 Non-publication order

(1) If the tribunal is satisfied it is necessary to avoid serious harm or injustice to a person, the tribunal may, but only to the extent necessary, by order (a
"non-publication order" ), prohibit publication of information about a tribunal proceeding the publication of which is not prohibited under section 114A .
(2) To the extent information about a tribunal proceeding is health information for a person, serious harm to the person includes significant health detriment to the person.
(3) The tribunal may make a non-publication order on its own initiative or on the application of an active party.
(4) If information about a tribunal proceeding discloses information prepared or provided by an entity, the tribunal may make a non-publication order on the application of the entity.
(5) If information about a tribunal proceeding discloses health information for the person—
(a) without limiting subsection (3) or (4) , the tribunal may make a non-publication order on the application of—
(i) the person; or
(ii) an interested person for the person; and
(b) an application may be made by an interested person for the person even after the person’s death.
(6) If a non-publication order is made prohibiting publication of information about a tribunal proceeding and the information about the tribunal proceeding discloses health information for the person, the person’s death does not affect the non-publication order.
(7) A person must not contravene a non-publication order, unless the person has a reasonable excuse.
Penalty—
Maximum penalty for subsection (7) —200 penalty units.
Note—
See also section 101 .



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