123Reports of proceedings and giving of information in relation to Guardianship stream proceedings

123 Reports of proceedings and giving of information in relation to Guardianship stream proceedings

[Section 123 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]

(1)  Except as provided by clause 10 of Part 4 of Schedule 3 , a person must not publish –

(a) any particulars calculated to lead to the identification of any person in respect of whom any Guardianship stream proceedings have been brought or any other person concerned in the proceedings; and

(b) pictures of any person in respect of whom Guardianship stream proceedings have been brought or any other person concerned in the proceedings.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 6 months, or both.

(1A)  [Section 123 Subsection (1A) inserted by No. 21 of 2023, s. 70, Applied:01 Sep 2024] Subsection (1) does not apply in respect of information that may be disclosed or published under section  86(2A) or (2B) of the Guardianship and Administration Act 1995 .

(2)  If the Tribunal considers that it is in the public interest to do so, the Tribunal may determine that a person may publish, or cause to be published in accordance with its determination, a report of any Guardianship stream proceedings.

(3)  A person who makes a report or gives information to the Tribunal –

(a) for the purpose of an application to the Tribunal under an Act, in relation to which the performance or exercise of functions or powers has been allocated under a Division Schedule to the Guardianship stream, to assist in deciding whether an application should be made under this Act; or

(b) when requested so to do by the Public Guardian, the Tribunal or an officer of the Tribunal –

is not subject to any liability for making the report or giving the information, if he or she acts in good faith and has reasonable and probable grounds for believing the report or information to be true.