Queensland Numbered Acts

GUARDIANSHIP AND ADMINISTRATION AND OTHER ACTS AMENDMENT ACT 2008 No. 54 - SECT 20

Sections 249 and 250--

omit, insert--

'(1) Despite section 249A, a relevant person may disclose confidential information that relates only to a particular person to the particular person.

'(2) If a relevant person gains confidential information because of being a relevant person, or because of an opportunity given by being a relevant person, the person may use the information for the purposes of this Act or as provided under subsection (3).

'(3) Confidential information may be used--

(a) if authorised or required under a regulation or another law; or

(b) for a proceeding arising out of or in connection with this Act; or

(c) if authorised by the person to whom the information relates; or

(d) if authorised by the court or the tribunal in the interests of justice; or

(e) if necessary to prevent a serious risk to a person's life, health or safety; or

(f) for the purpose of obtaining legal or financial advice; or

(g) if reasonably necessary to obtain counselling, advice or other treatment; or

(h) in reporting a suspected offence to a police officer or assisting a police officer in the investigation of a suspected offence; or

(i) in assisting the adult guardian, the public advocate or a public service officer in the performance of functions under this Act or the Powers of Attorney Act 1998; or

(j) for the substituted decision-making review.

'A relevant person must not use confidential information gained because of being a relevant person, or because of an opportunity given by being a relevant person, other than as provided under section 249, unless the person has a reasonable excuse.

Maximum penalty--200 penalty units.

'(1) Section 249A does not prevent the adult guardian from disclosing information to the public or a section of the public about an issue the subject of an investigation by the adult guardian if the adult guardian is satisfied the disclosure is necessary and reasonable in the public interest.

'(2) In deciding whether the disclosure is necessary and reasonable in the public interest, the adult guardian must have regard to the following--

(a) any likely prejudice to the investigation;

(b) any need to protect the identity of a complainant or another entity;

(c) any circumstances of urgency.

'(3) Also, if the disclosure would include information adverse to an entity and procedural fairness would ordinarily require the adult guardian to give the entity notice of the information and an opportunity to comment on it, the adult guardian--

(a) must have regard to this fact in deciding whether the disclosure is necessary and reasonable in the public interest; but

(b) may decide the disclosure is necessary and reasonable in the public interest despite the entity not being given notice of the information and an opportunity to comment on it.'.