sec.210ARight to information

### sec.210A Right to information For performing the public advocate’s functions, the public advocate has a right to all information— necessary to monitor and review the delivery of services and facilities to adults with impaired capacity for a matter; and about the arrangements for the provision of services and facilities to a class of the adults; and about the policies and procedures of a service or facility that relate to the provision of services and facilities to the adults. The public advocate may, by written notice given to a person who has custody or control of the information, require the person, within a stated reasonable time— to give the information to the public advocate; and if the information is contained in a document—to allow the public advocate to inspect the document and take a copy of it. The notice must state the purpose for making the requirement. The person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. It is a reasonable excuse for a person to fail to comply with the notice because, for example, complying with the notice— might tend to incriminate the person; or would require the person to disclose information that is the subject of legal professional privilege. Despite subsection (2) , the public advocate must not give a notice to any of the following people— an adult with impaired capacity for a matter; a family member or close friend of the adult who is a member of the adult’s support network. s 210A ins 2012 No. 37 s 7 (sec.210A-ssec.1) For performing the public advocate’s functions, the public advocate has a right to all information— necessary to monitor and review the delivery of services and facilities to adults with impaired capacity for a matter; and about the arrangements for the provision of services and facilities to a class of the adults; and about the policies and procedures of a service or facility that relate to the provision of services and facilities to the adults. (sec.210A-ssec.2) The public advocate may, by written notice given to a person who has custody or control of the information, require the person, within a stated reasonable time— to give the information to the public advocate; and if the information is contained in a document—to allow the public advocate to inspect the document and take a copy of it. (sec.210A-ssec.3) The notice must state the purpose for making the requirement. (sec.210A-ssec.4) The person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (sec.210A-ssec.5) It is a reasonable excuse for a person to fail to comply with the notice because, for example, complying with the notice— might tend to incriminate the person; or would require the person to disclose information that is the subject of legal professional privilege. (sec.210A-ssec.6) Despite subsection (2) , the public advocate must not give a notice to any of the following people— an adult with impaired capacity for a matter; a family member or close friend of the adult who is a member of the adult’s support network. - (a) necessary to monitor and review the delivery of services and facilities to adults with impaired capacity for a matter; and - (b) about the arrangements for the provision of services and facilities to a class of the adults; and - (c) about the policies and procedures of a service or facility that relate to the provision of services and facilities to the adults. - (a) to give the information to the public advocate; and - (b) if the information is contained in a document—to allow the public advocate to inspect the document and take a copy of it. - (a) might tend to incriminate the person; or - (b) would require the person to disclose information that is the subject of legal professional privilege. - (a) an adult with impaired capacity for a matter; - (b) a family member or close friend of the adult who is a member of the adult’s support network.