Queensland Numbered Acts

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GUARDIANSHIP AND ADMINISTRATION AND OTHER ACTS AMENDMENT ACT 2008 No. 54 - SECT 18

18 Replacement of s 193 (Report after investigation or audit)

Section 193--

omit, insert--

'(1) After the adult guardian has carried out an investigation or audit in relation to an adult, the adult guardian must make a written report and give a copy of the report to any person at whose request the investigation or audit was carried out and to every attorney, guardian or administrator, for the adult.

'(2) It is a lawful excuse for the publication of a defamatory statement made in the report that the publication is made in good faith and is, or purports to be, made for this Act.

'(3) The adult guardian must allow an interested person to inspect a copy of the report at all reasonable times and, at the person's own expense, to be given a copy of the report.

'(4) If a report made by the adult guardian contains information about a person and the adult guardian considers it appropriate to protect the person's identity, the adult guardian may remove, from the copy of the report to be given or inspected, information likely to result in the person's identification.

'(5) In this section--

attorney means--

(a) an attorney under a power of attorney; or
(b) an attorney under an advance health directive.

'(1) This section applies if--

(a) a report contains information about a person but does not identify the person (the de-identified person); and
(b) another person accesses the report.

'(2) The other person must not, unless the other person has a reasonable excuse, publish information contained in the report to the public, or a section of the public, if the publication is likely to result in the identification of the de-identified person 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.

'(3) However, subsection (2) does not apply if the other person is a person who has access to the report because of being, or an opportunity given by being--

(a) a relevant person; or
(b) an attorney.
Note--
For the confidentiality requirements for a relevant person, see section 249A and for the confidentiality requirements for an attorney, see the Powers of Attorney Act 1998, section 74A.

'(4) In this section--

attorney means--

(a) an attorney under a power of attorney; or
(b) an attorney under an advance health directive; or
(c) a statutory health attorney.

relevant person see section 246.'.



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