sec.22Right to information

### sec.22 Right to information The public guardian has a right to all information necessary to investigate a complaint or allegation, or to carry out an audit, in connection with an adult. In addition, the Powers of Attorney Act , section 81 (Right of attorney to information) gives the public guardian a right to information as an attorney. The public guardian may, by written notice given to a person who has custody or control of the information, require the person— to give the information to the public guardian; and if the person is an attorney or administrator and the information is contained in a document—to give the document to the public guardian; and if the person is not an attorney or administrator and the information is contained in a document—to allow the public guardian to inspect the document and take a copy of it. 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 not to comply with the notice because complying with the notice might tend to incriminate the person. Subject to subsection (4) , this section overrides— any restriction, in an Act or the common law, about the disclosure or confidentiality of information, including a person’s personal information; and any claim of confidentiality or privilege, including a claim based on legal professional privilege. In this section— attorney means— an attorney under a power of attorney; or an attorney under an advance health directive; or a statutory health attorney. personal information see the Information Privacy Act 2009 , section 12 . s 22 amd 2019 No. 9 s 89 (sec.22-ssec.1) The public guardian has a right to all information necessary to investigate a complaint or allegation, or to carry out an audit, in connection with an adult. In addition, the Powers of Attorney Act , section 81 (Right of attorney to information) gives the public guardian a right to information as an attorney. (sec.22-ssec.2) The public guardian may, by written notice given to a person who has custody or control of the information, require the person— to give the information to the public guardian; and if the person is an attorney or administrator and the information is contained in a document—to give the document to the public guardian; and if the person is not an attorney or administrator and the information is contained in a document—to allow the public guardian to inspect the document and take a copy of it. (sec.22-ssec.3) The person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (sec.22-ssec.4) It is a reasonable excuse for a person not to comply with the notice because complying with the notice might tend to incriminate the person. (sec.22-ssec.5) Subject to subsection (4) , this section overrides— any restriction, in an Act or the common law, about the disclosure or confidentiality of information, including a person’s personal information; and any claim of confidentiality or privilege, including a claim based on legal professional privilege. (sec.22-ssec.6) In this section— attorney means— an attorney under a power of attorney; or an attorney under an advance health directive; or a statutory health attorney. personal information see the Information Privacy Act 2009 , section 12 . - (a) to give the information to the public guardian; and - (b) if the person is an attorney or administrator and the information is contained in a document—to give the document to the public guardian; and - (c) if the person is not an attorney or administrator and the information is contained in a document—to allow the public guardian to inspect the document and take a copy of it. - (a) any restriction, in an Act or the common law, about the disclosure or confidentiality of information, including a person’s personal information; and - (b) any claim of confidentiality or privilege, including a claim based on legal professional privilege. - (a) an attorney under a power of attorney; or - (b) an attorney under an advance health directive; or - (c) a statutory health attorney.