QLDIn ForceAct
Public Guardian Act 2014
sec.37Health providers may advise public guardian
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### sec.37 Health providers may advise public guardian
This section applies if a health provider who is treating a person over the age of 18 reasonably considers—
the person has impaired capacity for a matter; and
the person does not have an attorney, guardian or administrator for the matter.
The health provider may advise the public guardian of the following details—
the person’s name;
the person’s current location and contact address;
the contact details for the person’s nearest relative;
the health provider’s opinion about the person’s capacity.
This section overrides—
any restriction, in an Act or under the common law, about the disclosure or confidentiality of information; and
any claim of confidentiality or privilege.
In this section—
attorney means an attorney under an enduring document.
contact details , for a relative, means the relative’s address and telephone number or a way of contacting the relative.
(sec.37-ssec.1) This section applies if a health provider who is treating a person over the age of 18 reasonably considers— the person has impaired capacity for a matter; and the person does not have an attorney, guardian or administrator for the matter.
(sec.37-ssec.2) The health provider may advise the public guardian of the following details— the person’s name; the person’s current location and contact address; the contact details for the person’s nearest relative; the health provider’s opinion about the person’s capacity.
(sec.37-ssec.3) This section overrides— any restriction, in an Act or under the common law, about the disclosure or confidentiality of information; and any claim of confidentiality or privilege.
(sec.37-ssec.4) In this section— attorney means an attorney under an enduring document. contact details , for a relative, means the relative’s address and telephone number or a way of contacting the relative.
- (a) the person has impaired capacity for a matter; and
- (b) the person does not have an attorney, guardian or administrator for the matter.
- (a) the person’s name;
- (b) the person’s current location and contact address;
- (c) the contact details for the person’s nearest relative;
- (d) the health provider’s opinion about the person’s capacity.
- (a) any restriction, in an Act or under the common law, about the disclosure or confidentiality of information; and
- (b) any claim of confidentiality or privilege.