Queensland Numbered Acts

GUARDIANSHIP AND ADMINISTRATION AND OTHER ACTS AMENDMENT ACT 2008 No. 54 - SECT 11

Section 112--

omit, insert--

'(1) Generally, information about a guardianship proceeding may be published.

'(2) However, a person must not, without reasonable excuse, publish information about a guardianship proceeding to the public, or a section of the public, if the publication is likely to lead to the identification of the relevant adult by a member of the public, or by a member of the section of the public to whom the information is published.

Maximum penalty--200 penalty units.

Notes--

The publication of information about a tribunal proceeding may also be prohibited by a non-publication order--see section 109D.

Also see the Child Protection Act 1999, section 189 (Prohibition of publication of information leading to identity of children).

'(3) Subsection (2) does not apply--

(a) to publication of information by the adult guardian, or the public advocate, if the adult guardian, or the public advocate, considers it is necessary in the public interest to publish the information in response to a prohibited publication by another entity; or

(b) to publication of information after the relevant adult has died; or

(c) to publication of information authorised by an order made under this section.

Note--

A non-publication order may prohibit publication of information about a tribunal proceeding disclosing health information about a person even after the person's death.

'(4) The court may make an order authorising publication of information about a guardianship proceeding that is otherwise prohibited under subsection (2).

'(5) The tribunal may make an order authorising publication of information about a tribunal proceeding that is otherwise prohibited under subsection (2).

'(6) The court or tribunal may make an order under subsection (4) or (5) authorising publication only if the court or tribunal is satisfied the publication is in the public interest or the relevant adult's interest.

'(7) In this section--

prohibited publication means publication of information about a guardianship proceeding to the public, or a section of the public, that is likely to lead to the identification of the relevant adult by a member of the public, or by a member of the section of the public to whom the information is published.

relevant adult means the adult concerned in the matter (whether or not the court or tribunal decides the adult is an adult with impaired capacity).'.