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Confidentiality

Hearings about the appointment of administrators are generally open to the public and information about proceedings can be published.

However information that identifies or is likely to identify the adult cannot be published unless QCAT approves this. QCAT will only do this in situations where we are satisfied that the publication of the adult’s identity is in the public interest or in the interests of the adult.

In some limited circumstances QCAT can make an order, known as a limitation order. There are different types of limitation orders.

  • Confidentiality orders restrict access by another party to a relevant document or information.
  • Non-publication orders prevent the publication of proceedings.
  • Adult evidence orders obtain evidence from the adult without other parties present.
  • Closure orders limit who may attend a hearing.

QCAT must be satisfied that the limitation order is necessary to:

  • avoid harm or injustice to any of the parties
  • obtain information that might not otherwise be given in some specific cases.

Limitation orders are only approved in exceptional cases and any person involved in the application can apply for one. QCAT may also initiate a limitation order.

In most situations the tribunal will make a decision about an application for a limitation order at the hearing. This allows the tribunal to hear the views and submissions of any person involved in the application or who may be negatively affected by the limitation order.

Some limitation orders can be applied for and approved before the hearing. In this situation, the order ends at the start of the hearing and is no longer effective. If a party wants to apply for another limitation order about the relevant document or information included in the hearing, they will need to tell the tribunal at the beginning of the hearing.

A non-publication order may also be made in relation to a particular administration case. In this situation, the following must comply with the terms of the non-publication order:

  • publication of decisions
  • reasons given by QCAT in the proceedings
  • access to the registers
  • records of the proceedings.

Descriptions of QCAT's jurisdiction on this website are general information only. They do not definitively describe the types of applications on which QCAT can make decisions. The relevant legislation determines QCAT's jurisdiction. If you are unsure about your legal rights, you should seek legal advice. Your individual circumstances should guide any actions taken to resolve your dispute.

Last reviewed
26 May 2017
Last updated
26 May 2017

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