Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 722

722 Confidentiality order

(1) In a proceeding, the tribunal may, by order (a
"confidentiality order" ), prohibit or restrict the disclosure of any of the following to a person the subject of the proceeding—

(a) information given before it;

(b) matters contained in documents filed with, or received by, it;

(c) the reasons for its decision on the proceeding.

(2) However, the tribunal may make a confidentiality order only if satisfied the disclosure would—

(a) cause serious harm to the health of the person; or

(b) put the safety of someone else at serious risk.

(3) If the tribunal makes a confidentiality order, the tribunal must—

(a) disclose to the person’s lawyer, or another representative, the information or matters mentioned in subsection (1) to which the order relates; and

(b) give the lawyer or other representative written reasons for the order.

(4) If the person is not represented at the hearing of the proceeding by a lawyer or another representative, the tribunal must ensure a lawyer or another representative is appointed for subsection (3) .

(5) A person must not contravene a confidentiality order unless the person has a reasonable excuse.

Penalty—

Maximum penalty for subsection (5) —200 penalty units.