Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 696

696 Confidentiality order

(1) In a proceeding, the Mental Health Court may, by order (a
"confidentiality order" ), prohibit or restrict the disclosure of any of the following to the person the subject of the proceeding—

(a) information given before it;

(b) matters contained in documents filed with, or received by, it;

(c) the reasons for its decision in the proceeding.

(2) However, the court may make a confidentiality order only if satisfied the disclosure would—

(a) cause serious harm to the health of the person; or

(b) put the safety of someone else at serious risk.

(3) If the court makes a confidentiality order, the court must—

(a) disclose to the person’s lawyer, or another representative of the person, the information or matters mentioned in subsection (1) to which the order relates; and

(b) give the lawyer or other representative written reasons for the order.

Note—

For the person’s general right of representation, see section 683 .

(4) If the person is not represented at the hearing of the proceeding by a lawyer or another representative, the court must ensure a lawyer or another representative is appointed for subsection (3) .

(5) A person must not contravene a confidentiality order unless the person has a reasonable excuse.

Penalty—

Maximum penalty for subsection (5) —200 penalty units.