This article examines the procedural fairness rules relevant to the disclosure of documents in the jurisdictional context of guardianship tribunal hearings. The article identifies the relevant procedural rules, assesses the practice in the various jurisdictions and in particular addresses the obvious tension that exists between the obligation to accord procedural fairness and the need to protect the privacy of the person with a disability or prevent the unnecessary disclosure of personal, sensitive and often confidential information. The article concludes that the relevant legal principles relating to disclosure of information are now well settled; however, it is the application of those rules in the guardianship context that remains problematic. Despite the fact that some jurisdictions have legislation dealing with disclosure of information and others have developed quite comprehensive policy documents to the same effect, neither goes far enough. The article recommends the development of clear and settled criteria for determining when it is appropriate to refuse access to documents and, if access is refused, whether the essential matters contained in the document can otherwise be disclosed.
Fairness v Privacy: Disclosure of Documents by Guardianship Tribunals
Reprints and Corporate Permissions
Please note: Selecting permissions does not provide access to the full text of the article, please see our help page How do I view content?
To request a reprint or corporate permissions for this article, please click on the relevant link below:
Academic Permissions
Please note: Selecting permissions does not provide access to the full text of the article, please see our help page How do I view content?
Obtain permissions instantly via Rightslink by clicking on the button below:
If you are unable to obtain permissions via Rightslink, please complete and submit this Permissions form. For more information, please visit our Permissions help page.
Related research
People also read lists articles that other readers of this article have read.
Recommended articles lists articles that we recommend and is powered by our AI driven recommendation engine.
Cited by lists all citing articles based on Crossref citations.
Articles with the Crossref icon will open in a new tab.