GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SCHEDULE 1
GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SCHEDULE 1
[s. 17]
[Heading inserted: No. 19 of 2010 s. 18(3).]
[ 1-10 . Deleted: No. 55 of 2004 s. 464(3).]
[(1) deleted]
(2) Where, in a
particular case, the State Administrative Tribunal determines that it would be
in the best interests of the person to whom proceedings commenced under this
Act relate for the hearing or part of the hearing to be closed to the public,
the Tribunal may, subject to subclause (3), direct that a person shall not be
present at the hearing unless —
(a) in
the opinion of the Tribunal, he is directly interested in the proceedings; or
(b) he
has been authorised by the Tribunal to be present.
(3) Any person bona
fide engaged in reporting or commenting upon the proceedings of the State
Administrative Tribunal commenced under this Act for dissemination through a
public news medium shall not be excluded from the place where the hearings are
being held.
[Clause 11 amended: No. 50 of 2003 s. 70(5); No.
55 of 2004 s. 464(4)-(7) and 466.]
12 . Limitations on publication of proceedings
(1) A person who
publishes in a newspaper or periodical publication or by radio broadcast or
television, or otherwise disseminates to the public or to a section of the
public by any means, any account of any proceedings, or of any part of any
proceedings, commenced under this Act that identifies —
(a) a
party to the proceedings;
(b) a
person who is related to, or associated with, a party to the proceedings or
is, or is alleged to be, in any other way concerned in the matter to which the
proceedings relate; or
(c) a
witness in the proceedings,
is guilty of a crime
and is liable —
(d) in
the case of a body corporate, to a fine of $10 000;
(e) in
any other case, to imprisonment for one year or a fine of $5 000.
Summary conviction penalty:
(a) for
a body corporate, a fine of $5 000;
(b) for
an individual, a fine of $2 500.
(2) A person who,
except as permitted by regulations, publishes in a newspaper or periodical
publication or by radio broadcast or television, or otherwise disseminates to
the public or to a section of the public by any means (otherwise than by the
display of a notice in the premises of the State Administrative Tribunal), a
list of proceedings commenced under this Act, identified by reference to the
names of the parties to the proceedings, that are to be dealt with by the
Tribunal is guilty of a crime and is liable —
(a) in
the case of a body corporate, to a fine of $10 000;
(b) in
any other case, to imprisonment for one year or a fine of $5 000.
Summary conviction penalty:
(a) for
a body corporate, a fine of $5 000;
(b) for
an individual, a fine of $2 500.
(3) Without limiting
the generality of subclause (1), an account of proceedings, or of any part of
proceedings, referred to in that subclause shall be taken to identify a person
if —
(a) it
contains any particulars of —
(i)
the name, title, pseudonym or alias of the person;
(ii)
the address of any premises at which the person resides
or works, or the locality in which any such premises are situated;
(iii)
the physical description or the style of dress of the
person;
(iv)
any employment or occupation engaged in, profession
practised or calling pursued, by the person or any official or honorary
position held by the person;
(v)
the relationship of the person to identified relatives of
the person or the association of the person with identified friends or
identified business, official or professional acquaintances of the person;
(vi)
the recreational interests, or the political,
philosophical or religious beliefs or interests, of the person; or
(vii)
any real or personal property in which the person has an
interest or with which the person is otherwise associated,
being particulars that
are sufficient to identify that person to a member of the public, or to a
member of the section of the public to which the account is disseminated, as
the case requires;
(b) in
the case of a written or televised account, it is accompanied by a picture of
the person; or
(c) in
the case of a broadcast or televised account, it is spoken in whole or in part
by the person and the person’s voice is sufficient to identify that
person to a member of the public, or to a member of the section of the public
to which the account is disseminated, as the case requires.
[(4)-(6) deleted]
(7) Proceedings for an
offence against subclause (1) or (2) shall not be commenced except with the
written consent of the Attorney General.
(8) Subclauses (1) and
(2) do not apply to or in relation to —
(a) the
communication to persons concerned in proceedings in any court of any
transcript of evidence or other document for use in connection with those
proceedings;
(b) the
communication of any transcript of evidence or other document to —
(i)
a body that is responsible for disciplining members of
the legal or medical profession; or
(ii)
persons concerned in disciplinary proceedings against a
member of the legal or medical profession, being proceedings before a body
that is responsible for disciplining members of the legal or medical
profession as the case may be;
(c) the
communication to a body that grants assistance by way of legal aid of any
transcript of evidence or other document for the purpose of facilitating the
making of a decision as to whether assistance by way of legal aid should be
granted, continued or provided in a particular case;
(d) the
publishing of a notice or report in pursuance of the direction of the State
Administrative Tribunal or of a court;
(e) the
publishing of any publication bona fide intended primarily for use by the
members of any profession, being —
(i)
a separate volume or part of a series of law reports; or
(ii)
any other publication of a technical character;
or
(f) the
publication or other dissemination of an account of proceedings or any part of
proceedings —
(i)
to a person who is a member of a profession, in
connection with the practice by that person of that profession or in the
course of any form of professional training in which that person is involved;
or
(ii)
to a person who is a student, in connection with the
studies of that person.
[Clause 12 amended: No. 50 of 2003 s. 70(6); No. 4
of 2004 s. 58; No. 55 of 2004 s. 464(8) and 466.]
13 . Entitlement to appear, and representation
[(1) deleted]
(2) The State
Administrative Tribunal may —
(a) hear
any person who, in the opinion of the Tribunal, has a proper interest in
proceedings commenced under this Act;
(b)
adjourn any hearing and direct that notice of proceedings commenced under this
Act be given to any person who in the opinion of the Tribunal should be given
the opportunity to be heard.
[(3) deleted]
(4) Where in any
proceedings before the State Administrative Tribunal commenced under this Act
a person in respect of whom a guardianship or administration order is in force
or a person in respect of whom an application is made is not represented, the
Tribunal may direct the executive officer to apply on behalf of the person for
legal aid under the Legal Aid Commission Act 1976 .
[Clause 13 amended: No. 16 of 1992 s. 18; No. 55
of 2004 s. 464(9)-(11) and 466.]