Like what you've read?

On Line Opinion is the only Australian site where you get all sides of the story. We don't
charge, but we need your support. Here�s how you can help.

  • Advertise

    We have a monthly audience of 70,000 and advertising packages from $200 a month.

  • Volunteer

    We always need commissioning editors and sub-editors.

  • Contribute

    Got something to say? Submit an essay.


 The National Forum   Donate   Your Account   On Line Opinion   Forum   Blogs   Polling   About   
On Line Opinion logo ON LINE OPINION - Australia's e-journal of social and political debate

Subscribe!
Subscribe





On Line Opinion is a not-for-profit publication and relies on the generosity of its sponsors, editors and contributors. If you would like to help, contact us.
___________

Syndicate
RSS/XML


RSS 2.0

Accountability with privacy: confidentiality in the guardianship system

By Ben White and Paula Rogers - posted Tuesday, 31 October 2006


As such, the strict application of open justice and procedural fairness tends to limit the role of confidentiality in decision-making. On the other hand, the focus of the guardianship system is to safeguard the rights and interests, including the privacy, of adults with decision-making disabilities. Because guardianship matters involve highly personal issues that would normally be decided in private, some degree of confidentiality may be warranted.

Seeking views

The Queensland Law Reform Commission has released a Discussion Paper, Confidentiality in the Guardianship System: Public Justice, Private Lives, calling for submissions on this issue.

The commission is asking five main questions about the role of confidentiality in the guardianship system:

Advertisement
  1. Under what circumstances, if any, should the tribunal be able to keep a person out of a hearing?
  2. Under what circumstances, if any, should the tribunal be able to stop a person involved in the proceeding from seeing documents that the tribunal is considering?
  3. Under what circumstances, if any, should the tribunal be able to refuse to give its decision or reasons for that decision to a person involved in the proceeding?
  4. To what extent, if at all, should tribunal proceedings be able to be openly discussed by people outside those proceedings?
  5. Apart from the situations referred to in questions 1-4 (which deal with tribunal proceedings), are there other circumstances in which information that is revealed within the guardianship system should be required to be kept confidential?

Details about how to make a submission are available on the commission’s website.

Useful links

The commission’s Discussion Paper, accompanying publications, and all information about the commission’s guardianship review are available from the commission’s website.

The issue of confidentiality in the guardianship system was recently the subject of a 30-minute story on the ABC’s Radio National program, The Law Report (August 15, 2006). You can listen to or download the transcript of this program from The Law Report webpage.

Information about the Guardianship and Administration Tribunal, and other agencies involved in the guardianship system, is available on the Queensland Government’s Department of Justice website.

Information about the commission is available on the commission’s website.

  1. Pages:
  2. 1
  3. Page 2
  4. All


Discuss in our Forums

See what other readers are saying about this article!

Click here to read & post comments.

Share this:
reddit this reddit thisbookmark with del.icio.us Del.icio.usdigg thisseed newsvineSeed NewsvineStumbleUpon StumbleUponsubmit to propellerkwoff it

About the Authors

Ben White is a Lecturer in the Faculty of Law at Queensland University of Technology. He teaches and researchs in the area of 'end of life' decision making.

Paula Rogers is a legal practitioner of the Supreme Court of Queensland and a legal officer of the Queensland Law Reform Commission.

Other articles by these Authors

All articles by Ben White
All articles by Paula Rogers

Creative Commons LicenseThis work is licensed under a Creative Commons License.

Photo of Ben WhiteBen WhitePhoto of Paula RogersPaula Rogers
Article Tools
Comment Comments
Print Printable version
Subscribe Subscribe
Email Email a friend
Latest from QUT
 The science of reporting climate change
 Why schools need more than a business plan
 Suburban resilience
 Science unlimited
 Wake-up call for science
 More...
Advertisement

About Us Search Discuss Feedback Legals Privacy