Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 793A

793A Restrictions on availability of copies of records and transcriptions of proceedings

(1) This section applies if—

(a) a record is made in relation to a proceeding in the tribunal under this Act; and

(b) the Recording of Evidence Act 1962 , section 6 applies in relation to the record or a transcription of the record; and

(c) the president is the judicial person prescribed by regulation for the tribunal for that section; and

(d) a person requests a copy of the record or transcription under that section.

(2) The president must not make available the copy of the record or transcription to the person unless the person is—

(a) a judicial person; or

(b) the registrar; or

(c) the chief psychiatrist performing a function or exercising a power under this Act; or

(d) an inspector mentioned in section 555 (1) or (2) performing a function or exercising a power under this Act; or

(e) an entitled person, to the extent making the copy available would not contravene a confidentiality order or section 743 .

(3) Subsection (4) applies if—

(a) the person requesting the copy of the record or transcription is an entitled person who applied for an examination authority as a person mentioned in section 502 (1) (c) ; and

(b) the copy relates to a decision in a proceeding in the tribunal about the examination authority.

(4) The president must ensure that the copy of the record or transcription made available to the entitled person does not disclose the following information—

(a) contact details of the person the subject of the application for the examination authority;

(b) information about the health or health care of the person the subject of the application.

(5) In this section—

"entitled person" , in relation to requesting a copy of a record or transcription, means a person entitled under this Act to be given written notice of a decision in a proceeding to which the copy relates.

"judicial person" see the Recording of Evidence Act 1962 , section 4 .