Guardianship and Administration Act 2000

For performing the public advocate’s functions, the public advocate has a right to all information—

necessary to monitor and review the delivery of services and facilities to adults with impaired capacity for a matter; and

about the arrangements for the provision of services and facilities to a class of the adults; and

about the policies and procedures of a service or facility that relate to the provision of services and facilities to the adults.

The public advocate may, by written notice given to a person who has custody or control of the information, require the person, within a stated reasonable time—

to give the information to the public advocate; and

if the information is contained in a document—to allow the public advocate to inspect the document and take a copy of it.

The notice must state the purpose for making the requirement.

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 to fail to comply with the notice because, for example, complying with the notice—

might tend to incriminate the person; or

would require the person to disclose information that is the subject of legal professional privilege.

Despite subsection (2), the public advocate must not give a notice to any of the following people—

an adult with impaired capacity for a matter;

a family member or close friend of the adult who is a member of the adult’s support network.