QLDIn ForceAct
Guardianship and Administration Act 2000
sec.109Confidentiality order
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### sec.109 Confidentiality 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 confidentiality order )—
withhold from an active party or other person a document, or part of a document, before the tribunal; or
withhold from an active party or other person other information before the tribunal.
To the extent a document or part of a document contains health information for a person, or to the extent other information is health information for a person, serious harm to the person includes significant health detriment to the person.
The tribunal may make a confidentiality order on its own initiative or on the application of an active party.
Also, the tribunal may make a confidentiality order in relation to a document or other information on the application of the entity who prepared or provided the document or other information.
A person must not contravene a confidentiality order, unless the person has a reasonable excuse.
Maximum penalty for subsection (5) —200 penalty units.
s 109 sub 2008 No. 54 s 10 ; 2009 No. 24 s 1446
(sec.109-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 confidentiality order )— withhold from an active party or other person a document, or part of a document, before the tribunal; or withhold from an active party or other person other information before the tribunal.
(sec.109-ssec.2) To the extent a document or part of a document contains health information for a person, or to the extent other information is health information for a person, serious harm to the person includes significant health detriment to the person.
(sec.109-ssec.3) The tribunal may make a confidentiality order on its own initiative or on the application of an active party.
(sec.109-ssec.4) Also, the tribunal may make a confidentiality order in relation to a document or other information on the application of the entity who prepared or provided the document or other information.
(sec.109-ssec.5) A person must not contravene a confidentiality order, unless the person has a reasonable excuse. Maximum penalty for subsection (5) —200 penalty units.
- (a) withhold from an active party or other person a document, or part of a document, before the tribunal; or
- (b) withhold from an active party or other person other information before the tribunal.