Guardianship and Administration Act 2000

This section applies to the public guardian for deciding whether to give approval under this part for a relevant service provider to use a restrictive practice in relation to an adult.

The public guardian has a right to all the information that—

the adult would have been entitled to if the adult had capacity; and

is necessary for the public guardian to make an informed decision.

At the public guardian’s request, a person who has custody or control of the information must give the information to the public guardian, unless the person has a reasonable excuse.

If a person who has custody or control of the information does not comply with a request by the public guardian to give information, the tribunal may, on application by the public guardian, order the person to give the information to the public guardian.

If the tribunal orders a person to give information to the public guardian, the person must comply with the order, unless the person has a reasonable excuse.

It is a reasonable excuse for a person to fail to give information because giving the information might tend to incriminate the person.

Subject to subsection (6), this section overrides—

any restriction, in an Act or the common law, about the disclosure or confidentiality of information; and

any claim of confidentiality or privilege, including a claim based on legal professional privilege.