QLDIn ForceAct
Guardianship and Administration Act 2000
sec.108Non-publication order
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### sec.108 Non-publication order
If the tribunal is satisfied it is necessary to avoid serious harm or injustice to a person, the tribunal may, but only to the extent necessary, by order (a non-publication order ), prohibit publication of information about a tribunal proceeding the publication of which is not prohibited under section 114A .
To the extent information about a tribunal proceeding is health information for a person, serious harm to the person includes significant health detriment to the person.
The tribunal may make a non-publication order on its own initiative or on the application of an active party.
If information about a tribunal proceeding discloses information prepared or provided by an entity, the tribunal may make a non-publication order on the application of the entity.
If information about a tribunal proceeding discloses health information for the person—
without limiting subsection (3) or (4) , the tribunal may make a non-publication order on the application of—
the person; or
an interested person for the person; and
an application may be made by an interested person for the person even after the person’s death.
If a non-publication order is made prohibiting publication of information about a tribunal proceeding and the information about the tribunal proceeding discloses health information for the person, the person’s death does not affect the non-publication order.
A person must not contravene a non-publication order, unless the person has a reasonable excuse.
Maximum penalty for subsection (7) —200 penalty units.
See also section 101 .
s 108 amd 2003 No. 87 s 21
sub 2008 No. 54 s 10 ; 2009 No. 24 s 1446
(sec.108-ssec.1) If the tribunal is satisfied it is necessary to avoid serious harm or injustice to a person, the tribunal may, but only to the extent necessary, by order (a non-publication order ), prohibit publication of information about a tribunal proceeding the publication of which is not prohibited under section 114A .
(sec.108-ssec.2) To the extent information about a tribunal proceeding is health information for a person, serious harm to the person includes significant health detriment to the person.
(sec.108-ssec.3) The tribunal may make a non-publication order on its own initiative or on the application of an active party.
(sec.108-ssec.4) If information about a tribunal proceeding discloses information prepared or provided by an entity, the tribunal may make a non-publication order on the application of the entity.
(sec.108-ssec.5) If information about a tribunal proceeding discloses health information for the person— without limiting subsection (3) or (4) , the tribunal may make a non-publication order on the application of— the person; or an interested person for the person; and an application may be made by an interested person for the person even after the person’s death.
(sec.108-ssec.6) If a non-publication order is made prohibiting publication of information about a tribunal proceeding and the information about the tribunal proceeding discloses health information for the person, the person’s death does not affect the non-publication order.
(sec.108-ssec.7) A person must not contravene a non-publication order, unless the person has a reasonable excuse. Maximum penalty for subsection (7) —200 penalty units. See also section 101 .
- (a) without limiting subsection (3) or (4) , the tribunal may make a non-publication order on the application of— (i) the person; or (ii) an interested person for the person; and
- (i) the person; or
- (ii) an interested person for the person; and
- (b) an application may be made by an interested person for the person even after the person’s death.
- (i) the person; or
- (ii) an interested person for the person; and