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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).]

11 .         Hearings

        [(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.]