Public Guardian Act 2014

This section applies to confidential information.

If a person gains confidential information through involvement in the administration of this Act, the Guardianship Act or the Powers of Attorney Act, the person must not—

make a record of the information or intentionally disclose the information to anyone, other than under subsection (4); or

recklessly disclose the information to anyone.

A person gains confidential information through involvement in the administration of this Act, the Guardianship Act or the Powers of Attorney Act if the person gains the information because of being, or an opportunity given by being—

the Minister or a member of the Minister’s staff; or

the public guardian; or

a member of the public guardian’s staff, including a child advocacy officer; or

a community visitor; or

a person consulted or employed by the public guardian for this Act; or

a public guardian’s delegate for an investigation; or

an external contractor; or

a person authorised in writing by the public guardian under section 129.

A person may make a record of confidential information or disclose it to someone else—

for this Act, the Guardianship Act or the Powers of Attorney Act; or

to discharge a function under another law; or

for a proceeding in a court or the tribunal; or

if authorised by a court or the tribunal in the interests of justice; or

if authorised by regulation or another law; or

if the person is authorised in writing by the person to whom the information relates; or

for the purpose of obtaining counselling, advice or other treatment for the person to whom the information relates; or

for the purpose of reporting a suspected offence to a police officer or helping a police officer in the investigation of a suspected offence; or

if the confidential information relates to an adult with impaired capacity for a matter—

to prevent a serious risk to the adult’s life, health or safety; or

for the purpose of obtaining legal or financial advice; or

to assist the public advocate in the performance of functions under the Guardianship Act; or

if the confidential information relates to a child—for a purpose related to protecting the child’s rights and interests, including the child’s wellbeing or protection.