Health providers may advise public guardian
37 Health providers may advise public guardian
This section applies if a health provider who is treating a person over the age of 18 reasonably considers—
the person has impaired capacity for a matter; and
the person does not have an attorney, guardian or administrator for the matter.
The health provider may advise the public guardian of the following details—
the person’s name;
the person’s current location and contact address;
the contact details for the person’s nearest relative;
the health provider’s opinion about the person’s capacity.
This section overrides—
any restriction, in an Act or under the common law, about the disclosure or confidentiality of information; and
any claim of confidentiality or privilege.
In this section—
attorney means an attorney under an enduring document.
contact details, for a relative, means the relative’s address and telephone number or a way of contacting the relative.
This Act’s bill:Explanatory memorandumSecond reading speech
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