GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SECT 112
GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SECT 112
112 . Inspection of records
(1) A represented
person, a person in respect of whom an application under this Act is made or a
person representing any such person in any proceedings commenced under this
Act is, unless the State Administrative Tribunal otherwise orders, entitled to
inspect or otherwise have access to —
(a) any
document or material lodged with or held by the Tribunal for the purposes of
any application in respect of that person;
(b) any
accounts submitted under section 80 by the administrator of the estate of that
person.
(2) Any other party to
any proceedings commenced under this Act, or a person representing any such
party, is, unless the State Administrative Tribunal otherwise orders, entitled
to inspect or otherwise have access to any document or material lodged with or
held by the Tribunal for the purpose of those proceedings, other than a
document or material that is or contains a medical opinion not being an
opinion concerning that party.
(3) Except as provided
in this section, no person (not being a member of the State Administrative
Tribunal or a member of staff of the Tribunal) shall, unless he is authorised
to do so by order of the Tribunal, inspect or otherwise have access to a
document or material lodged with or held by the Tribunal for the purposes of
any application, or to any accounts submitted under section 80.
Penalty: $2 000 or imprisonment for 9 months.
(4) The State
Administrative Tribunal may on the application of any person —
(a) by
order, authorise any person, whether conditionally or unconditionally, to
inspect or otherwise have access to any document or material lodged with or
held by the Tribunal for the purposes of any application; and
(b) make
any other order contemplated by this section.
(5) An application
under subsection (4) may be made ex parte or the State Administrative Tribunal
may give directions as to the persons to whom notice of the application shall
be given and who shall be entitled to be heard.
[Section 112 amended: No. 50 of 2003 s. 70(3); No.
55 of 2004 s. 456 and 466.]