NCJ Number
221474
Date Published
June 2007
Length
523 pages
Annotation
In examining the current confidentiality provisions in Queensland's (Australia) Guardianship and Administration Act 2000 and the Powers of Attorney Act 1998, this report discusses the views expressed in submissions and presents comparative information on similar provisions in the guardianship legislation of other Australian, and some overseas, jurisdictions; and it discusses practical and procedural issues that inform how the confidentiality provisions of guardianship law currently operate.
Abstract
The introductory chapter presents the terms of reference for the Queensland Law Reform Commission in examining current confidentiality provisions in guardianship law with a view toward its reform. The chapter also describes the procedure for relevant submissions to the commission, the consultation process and response, and future issues. Also included in the introduction are descriptions of methodology, the structure and content of the report, and the terminology used. Chapter 2 reviews Queensland's guardianship system and provides an overview of associated confidentiality provisions that currently apply. Chapter 3 presents the Commission's guiding principles for its review of the confidentiality provisions. It discusses the nature of privacy and confidentiality; and it examines the nature of privacy and confidentiality as well the principle of open justice, the requirements of procedural fairness, and the nature of the guardianship system. The role of relevance in determining whether or not to disclose information is also addressed. Chapters 4 through 7 examine the confidentiality provisions that apply to tribunal proceedings. Chapter 8 examines the general duty of confidentiality imposed on those who are involved in the administration of the guardianship legislation, followed by the Commission's recommendations. The central principle guiding recommendations is the need for greater openness. Appended terms of reference, membership of the reference group, list of submissions, and list of community forums and focus groups