NCJ Number
216980
Date Published
July 2006
Length
239 pages
Annotation
The Queensland Law Reform Commission (Australia) discusses the confidentiality provisions of Queensland's Power of Attorney Act 1998 and the Guardianship and Administration Act 2000, which regulate decisionmaking by and for adults with impaired decisionmaking capacity.
Abstract
After a general introduction to Queensland's guardianship system and the relevant confidentiality provisions, a chapter discusses the nature of privacy and confidentiality generally and considers three concepts that inform choices about reform in this area: the principle of open justice, the requirements of procedural fairness, and the nature of the guardianship system. Four chapters then address confidentiality in relation to tribunal proceedings. One of these chapters considers provisions that permit the tribunal to hold hearings in private or to exclude specified people. A second chapter discusses the extent to which the tribunal can deny a person's statutory right to inspect documents before the tribunal in a proceeding. A third chapter focuses on the tribunal's ability to deny a person's statutory right to obtain a copy of the tribunal's decision and any reasons for that decision. A fourth chapter discusses the general prohibition against reporting tribunal proceedings. The concluding chapter examines the general duty of confidentiality that is imposed on those people who are involved in the administration of Queensland's guardianship legislation. In examining the scope of Queensland's confidentiality provision in its guardianship legislation, this paper provides information on similar provisions in the guardianship legislation in other Australian States and Territories, as well as in jurisdictions outside Australia where such provisions are innovative, distinctive, or represent best practice. Hypothetical case studies are included to help readers understand how the confidentiality provisions might operate in practice. Appended terms of reference for the Commission, membership of the reference group, a list of submissions and forums, and a glossary