MR

[2011] QCAT 506

CITATION: MR [2011] QCAT 506

PARTIES: MR

APPLICATION NUMBER:   GAA6565-11

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATE:     12 September 2011

HEARD AT:  Brisbane

DECISION OF: J Allen, Presiding Member
J Ford, Member

DELIVERED ON: 17 October 2011

DELIVERED AT:      Brisbane

ORDERS MADE:

The Tribunal orders that pursuant to s 109 of the Guardianship and Administration Act 2000 the following document is confidential and must not be disclosed:

(a)   blocked out section of Social Work Report, KT dated 17 June 2011

CATCHWORDS:

Confidentiality – health information of adult –avoidance of serious risk of harm

Guardianship and Administration Act 2000, ss 104, 109

APPEARANCES and REPRESENTATION (if any):

APPLICANT:  KT

REASONS FOR DECISION

1. KT, a social worker, made an application to the Tribunal for it to consider whether a guardian and administrator should be appointed for MR.  Those applications were dismissed by the Tribunal following a hearing on 12 September 2011.

1. Prior to the hearing a confidentiality order had been made by Senior Member Endicott on the application of KT in respect of parts of a social work report dated 17 June 2011, which had been filed by her in support of the application.

1. That order was vacated at the start of the hearing[1].  KT indicated at the hearing that she wished the confidentiality order to continue and the Tribunal heard the application before the hearing of the guardianship and administration application commenced.

   [1] Section 110 of the Guardianship and Administration Act 2000.

1. The Tribunal advised the parties that the application concerned parts of the report, which related to MR’s physical health issues, which may be ongoing and her care at home.  KT stated that she wished to rely on the written submissions she had made with the application and no other parties opposed the application for the confidentiality order.

1. When making a confidentiality order the Tribunal must weigh up the right of active parties to access relevant documents before the Tribunal and the desirability that hearings be in public and be able to be publicly reported[2] against the risk of serious harm or injustice to a person if the information is not withheld[3].

   [2] Section 104 of the Guardianship and Administration Act 2000.

   [3] Section 109 of the Guardianship and Administration Act 2000.

1. In this case the information includes health information of MR not relating to her capacity to make decisions.  Serious harm in that case includes significant identifiable detriment to the person’s relationship with a health provider, including the person’s willingness to fully disclose relevant information to the health provider[4].

   [4] Sections 99 and 109(2) of the Guardianship and Administration Act 2000.

1. KT’s concern was that access to the information may be sought by extended family members to whom MR may not wish to have the information.  The confidentiality application was to protect her privacy and a concern that disclosure of some of the information may exacerbate conflict within MR’s family.

1. The Tribunal is satisfied that MR has a right to privacy in respect of this health information and that it would be an injustice for the information to be disclosed to others.  This view outweighs the right of access that active parties may have in particular as the information does not relate to MR’s capacity.

1. The Tribunal is also satisfied that the disclosure of this information and the information in regard to MR’s care may cause serious health detriment in terms of MR’s willingness to discuss these important health issues with her treating doctors.

[10]  The Tribunal concludes that the confidentiality order should be made in respect of the social work report of KT.