Hearings in the guardianship jurisdiction are generally open to the public, however the Tribunal may make an adult evidence order or a closure order.
Generally, information about a guardianship proceeding may be published. However, information that identifies or is likely to identify the Adult cannot be published unless QCAT approves this.
A limitation order means an order of the following type:
A confidentiality order allows the Tribunal to withhold from an active party or other person a document, part of a document or other information that is before the Tribunal.
A confidentiality order may only be made if the Tribunal is satisfied that such an order is necessary to avoid serious harm or injustice to a person.
What happens if a confidentiality order is made before the hearing?
If a confidentiality order is made before the hearing, it will be vacated (cancelled) at the start of the hearing. The Tribunal member conducting the hearing will decide whether a confidentiality order should be made. When considering whether to make a confidentiality order, the Tribunal must take into consideration the principles of natural justice and procedural fairness. The Tribunal member will do so based on the evidence and submissions before the Tribunal. That may include written evidence and submissions but also the oral information provided at the hearing by those with standing to be heard in relation to the making of any such order.
To apply for a confidentiality order you need to complete and lodge a Form 12 Application for Miscellaneous Matters.
The Tribunal may also make a confidentiality order on its own initiative.
An adult evidence orders allow the Tribunal to obtain evidence from the Adult without other people present, including for example, members of the public or a particular person, including an active party.
The Tribunal may make an adult evidence order only if the Tribunal is satisfied it is necessary to avoid serious harm or injustice to a person, or to obtain information the Tribunal would not otherwise receive.
An application for an adult evidence order will be determined by the Tribunal at the hearing.
To apply for an adult evidence order you need to complete and lodge a Form 12 Application for Miscellaneous Matters.
The Tribunal may also make an adult evidence order on its own initiative.
A closure order allows the Tribunal to close a hearing, or part of a hearing, to all or some members of the public or a particular person, including an active party.
The Tribunal may make a closure order only if the Tribunal is satisfied it is necessary to avoid serious harm or injustice to a person.
If the hearing, or part of the hearing, concerns health information about a person, 'serious harm to a person' includes 'significant health detriment to the person'.
An application for a closure order will be determined by the Tribunal at the hearing.
To apply for a closure order you need to complete and lodge a Form 12 Application for Miscellaneous Matters.
The Tribunal may also make a confidentiality order on its own initiative.
A non-publication order allows the Tribunal to prohibit publication of information about a tribunal proceeding.
The Tribunal may make a non-publication order order only if the Tribunal is satisfied it is necessary to avoid serious harm or injustice to a person.
To the extent information about a Tribunal proceeding is health information about a person, 'serious harm to a person' includes 'significant health detriment to the person'.
To apply for a non-publication order you need to complete and lodge a Form 12 Application for Miscellaneous Matters.
The Tribunal may also make a non-publication order on its own initiative.