QLDIn ForceAct
Public Guardian Act 2014
sec.32Prohibited use of report after investigation or audit
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### sec.32 Prohibited use of report after investigation or audit
This section applies if—
a report contains information about a person but does not identify the person (the de-identified person ); and
another person accesses the report.
The other person must not, unless the other person has a reasonable excuse, publish information contained in the report to the public, or a section of the public, if the publication is likely to result in the identification of the de-identified person by a member of the public, or by a member of the section of the public to whom the information is published.
Maximum penalty—200 penalty units.
However, subsection (2) does not apply if the other person is a person who has access to the report because of being, or an opportunity given by being—
a relevant person; or
the public guardian; or
a member of the public guardian’s staff; or
an attorney; or
a community visitor; or
a person consulted or employed by the public guardian for this Act; or
a public guardian’s delegate for an investigation.
For the confidentiality requirements for a relevant person, see the Guardianship Act , section 249A . For the confidentiality requirements for an attorney, see the Powers of Attorney Act , section 74A . For the confidentiality requirements for a person mentioned in paragraph (b) , (c) , (e) , (f) or (g) , see section 140 .
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.
relevant person see the Guardianship Act , section 246 .
(sec.32-ssec.1) This section applies if— a report contains information about a person but does not identify the person (the de-identified person ); and another person accesses the report.
(sec.32-ssec.2) The other person must not, unless the other person has a reasonable excuse, publish information contained in the report to the public, or a section of the public, if the publication is likely to result in the identification of the de-identified person by a member of the public, or by a member of the section of the public to whom the information is published. Maximum penalty—200 penalty units.
(sec.32-ssec.3) However, subsection (2) does not apply if the other person is a person who has access to the report because of being, or an opportunity given by being— a relevant person; or the public guardian; or a member of the public guardian’s staff; or an attorney; or a community visitor; or a person consulted or employed by the public guardian for this Act; or a public guardian’s delegate for an investigation. For the confidentiality requirements for a relevant person, see the Guardianship Act , section 249A . For the confidentiality requirements for an attorney, see the Powers of Attorney Act , section 74A . For the confidentiality requirements for a person mentioned in paragraph (b) , (c) , (e) , (f) or (g) , see section 140 .
(sec.32-ssec.4) 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. relevant person see the Guardianship Act , section 246 .
- (a) a report contains information about a person but does not identify the person (the de-identified person ); and
- (b) another person accesses the report.
- (a) a relevant person; or
- (b) the public guardian; or
- (c) a member of the public guardian’s staff; or
- (d) an attorney; or
- (e) a community visitor; or
- (f) a person consulted or employed by the public guardian for this Act; or
- (g) a public guardian’s delegate for an investigation.
- (a) an attorney under a power of attorney; or
- (b) an attorney under an advance health directive; or
- (c) a statutory health attorney.