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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.]