Queensland Numbered Acts

GUARDIANSHIP AND ADMINISTRATION AND OTHER ACTS AMENDMENT ACT 2008 No. 54 - SECT 24

Section 74--

omit, insert--

'(1) Despite section 74A, an attorney, including a statutory health attorney, may disclose confidential information that relates only to a particular person to the particular person.

'(2) If an attorney, including a statutory health attorney, gains confidential information because of being an attorney, or because of an opportunity given by being an attorney, 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 Guardianship and Administration Act 2000; or

(j) for the substituted decision-making review.

'(4) In this section--

commission means the Law Reform Commission established under the Law Reform Commission Act 1968.

confidential information includes information about a person's affairs but does not include--

(a) information within the public domain unless further disclosure of the information is prohibited by law; or

(b) statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates; or

(c) information about a guardianship proceeding.

guardianship proceeding see Guardianship and Administration Act 2000, schedule 4.

substituted decision-making review means the review of particular matters under this Act and the Guardianship and Administration Act 2000 referred to the commission by the Minister on 14 October 2005.

use, confidential information, includes disclose or publish.

'(1) An attorney, including a statutory health attorney, must not use confidential information gained because of being an attorney, or because of an opportunity given by being an attorney, other than as provided under section 74, unless the person has a reasonable excuse.

Maximum penalty--200 penalty units.

'(2) In this section--

confidential information see section 74.

use, confidential information, see section 74.'.