Mental Health Act 2016
sec.722Confidentiality order
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sec.722 Confidentiality order
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— information given before it; matters contained in documents filed with, or received by, it; the reasons for its decision on the proceeding. However, the tribunal may make a confidentiality order only if satisfied the disclosure would— cause serious harm to the health of the person; or put the safety of someone else at serious risk. If the tribunal makes a confidentiality order, the tribunal must— disclose to the person’s lawyer, or another representative, the information or matters mentioned in subsection (1) to which the order relates; and give the lawyer or other representative written reasons for the order. 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) . A person must not contravene a confidentiality order unless the person has a reasonable excuse. Maximum penalty for subsection (5) —200 penalty units. (sec.722-ssec.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— information given before it; matters contained in documents filed with, or received by, it; the reasons for its decision on the proceeding. (sec.722-ssec.2) However, the tribunal may make a confidentiality order only if satisfied the disclosure would— cause serious harm to the health of the person; or put the safety of someone else at serious risk. (sec.722-ssec.3) If the tribunal makes a confidentiality order, the tribunal must— disclose to the person’s lawyer, or another representative, the information or matters mentioned in subsection (1) to which the order relates; and give the lawyer or other representative written reasons for the order. (sec.722-ssec.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) . (sec.722-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) information given before it;
- (b) matters contained in documents filed with, or received by, it;
- (c) the reasons for its decision on the proceeding.
- (a) cause serious harm to the health of the person; or
- (b) put the safety of someone else at serious risk.
- (a) disclose to the person’s lawyer, or another representative, the information or matters mentioned in subsection (1) to which the order relates; and