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Guardianship and Administration Act 2000
sec.80ZTInformal decision-makers must maintain confidentiality
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### sec.80ZT Informal decision-makers must maintain confidentiality
This section applies if an informal decision-maker gains confidential information under the Disability Services Act 2006 , part 6 about an adult with an intellectual or cognitive disability.
A guardian who gains confidential information is subject to confidentiality requirements under section 249 .
The informal decision-maker must not disclose the information to anyone other than under subsection (3) .
The informal decision-maker may disclose the information to someone else—
for this Act or the Disability Services Act 2006 ; or
to discharge a function under another law; or
for a proceeding in a court or tribunal; or
if authorised under another law or a regulation made under this Act; or
if authorised in writing by the adult to whom the information relates; or
to protect a person with a disability, within the meaning of the Disability Services Act 2006 , section 11 , from abuse, neglect or exploitation.
In this section—
confidential information includes information about a person’s affairs but does not include—
information already publicly disclosed unless further disclosure of the information is prohibited by law; or
statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.
s 80ZT ins 2008 No. 23 s 22
amd 2006 No. 12 s 333 sch 2 (amd 2014 No. 12 s 74 ); 2020 No. 39 s 70 sch 1
(sec.80ZT-ssec.1) This section applies if an informal decision-maker gains confidential information under the Disability Services Act 2006 , part 6 about an adult with an intellectual or cognitive disability. A guardian who gains confidential information is subject to confidentiality requirements under section 249 .
(sec.80ZT-ssec.2) The informal decision-maker must not disclose the information to anyone other than under subsection (3) .
(sec.80ZT-ssec.3) The informal decision-maker may disclose the information to someone else— for this Act or the Disability Services Act 2006 ; or to discharge a function under another law; or for a proceeding in a court or tribunal; or if authorised under another law or a regulation made under this Act; or if authorised in writing by the adult to whom the information relates; or to protect a person with a disability, within the meaning of the Disability Services Act 2006 , section 11 , from abuse, neglect or exploitation.
(sec.80ZT-ssec.4) In this section— confidential information includes information about a person’s affairs but does not include— information already publicly disclosed unless further disclosure of the information is prohibited by law; or statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.
- (a) for this Act or the Disability Services Act 2006 ; or
- (b) to discharge a function under another law; or
- (c) for a proceeding in a court or tribunal; or
- (d) if authorised under another law or a regulation made under this Act; or
- (e) if authorised in writing by the adult to whom the information relates; or
- (f) to protect a person with a disability, within the meaning of the Disability Services Act 2006 , section 11 , from abuse, neglect or exploitation.
- (a) information already publicly disclosed 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.