QLDIn ForceAct
Public Guardian Act 2014
sec.132Access
Start here
Get a plain-English read of sec.132
Turn the raw legal text into a practical explanation grounded in Public Guardian Act 2014.
### sec.132 Access
This section applies to a proceeding in relation to a child protection matter mentioned in section 131 at which the public guardian appears or intends to appear.
If—
a document has been filed in the tribunal registry for the proceeding; or
a document or other thing has been produced to the tribunal or a party to the proceeding under an order under the QCAT Act , section 63 or 97 ;
subject to subsection (3) , the public guardian must be given a reasonable opportunity to access the document or thing before, during or after a hearing.
However, the public guardian may access a document filed in the registry or a document or thing produced to the tribunal under an order under section 63 only if a party to the proceeding may also access the document or thing.
If a party to whom a document or thing has been produced fails to give the public guardian access to the document or thing, the tribunal may, on the public guardian’s application, make an order requiring the party to give the public guardian access to the document or thing.
Without limiting section 130 (1) (b) , the public guardian may make submissions about a document or other information accessed under this section.
This section has effect despite the Child Protection Act , section 99ZF .
However, the tribunal may displace the right to access a document or other information only by a confidentiality order.
In this section—
confidentiality order see the Child Protection Act , section 99ZD .
(sec.132-ssec.1) This section applies to a proceeding in relation to a child protection matter mentioned in section 131 at which the public guardian appears or intends to appear.
(sec.132-ssec.2) If— a document has been filed in the tribunal registry for the proceeding; or a document or other thing has been produced to the tribunal or a party to the proceeding under an order under the QCAT Act , section 63 or 97 ; subject to subsection (3) , the public guardian must be given a reasonable opportunity to access the document or thing before, during or after a hearing.
(sec.132-ssec.3) However, the public guardian may access a document filed in the registry or a document or thing produced to the tribunal under an order under section 63 only if a party to the proceeding may also access the document or thing.
(sec.132-ssec.4) If a party to whom a document or thing has been produced fails to give the public guardian access to the document or thing, the tribunal may, on the public guardian’s application, make an order requiring the party to give the public guardian access to the document or thing.
(sec.132-ssec.5) Without limiting section 130 (1) (b) , the public guardian may make submissions about a document or other information accessed under this section.
(sec.132-ssec.6) This section has effect despite the Child Protection Act , section 99ZF .
(sec.132-ssec.7) However, the tribunal may displace the right to access a document or other information only by a confidentiality order.
(sec.132-ssec.8) In this section— confidentiality order see the Child Protection Act , section 99ZD .
- (a) a document has been filed in the tribunal registry for the proceeding; or
- (b) a document or other thing has been produced to the tribunal or a party to the proceeding under an order under the QCAT Act , section 63 or 97 ;