Prohibited use of report after investigation or audit
32 Prohibited use of report after investigation or audit
This section applies if—
a report contains information about a person but does not identify the person (the de-identified person); and
another person accesses the report.
The other person must not, unless the other person has a reasonable excuse, publish information contained in the report to the public, or a section of the public, if the publication is likely to result in the identification of the de-identified person by a member of the public, or by a member of the section of the public to whom the information is published.
Maximum penalty—200 penalty units.
However, subsection (2) does not apply if the other person is a person who has access to the report because of being, or an opportunity given by being—
a relevant person; or
the public guardian; or
a member of the public guardian’s staff; or
an attorney; 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.
Note—
For the confidentiality requirements for a relevant person, see the Guardianship Act, section 249A. For the confidentiality requirements for an attorney, see the Powers of Attorney Act, section 74A. For the confidentiality requirements for a person mentioned in paragraph (b), (c), (e), (f) or (g), see section 140.
In this section—
attorney means—
an attorney under a power of attorney; or
an attorney under an advance health directive; or
a statutory health attorney.
relevant person see the Guardianship Act, section 246.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.