Canadian Centre for Elder Law A Practical ... - Your Legal Rights

!• any person with leave of court.Under the act the terms of an order could include no contact or exclusive occupation ofthe home (ss. 4(3) and 7(2)). The terms of a protection order may includecompensation for out of pocket expenses or a requirement that the abuser attendcounseling (s. 7(2)(g) and (j)).5. Elder Abuse and Neglect in the WorkplaceThe AIPPA (ss. 2 and 54) states that no action lies against an employee, volunteer,student or person under contract with the public body for disclosing confidentialinformation under the act in good faith.6. Confidential InformationProfessionals, non-professional staff and volunteers must normally get consent from anolder adult before disclosing personal or health information.Under the AIPPA, public bodies, which means a government department or agency, maydisclose personal and health information, without consent, for law enforcement purposes,to comply with any law, or when necessary to protect the mental or physical health orsafety of any individual (s. 48(e), (p) and (q)). Disclosure is also permitted (s. 48(s)broadly for any purpose when, in the opinion of the head:(i) the public interest in disclosure clearly outweighs any invasion of privacy thatcould result from the disclosure, or(ii) disclosure would clearly benefit the individual to whom the information relates.The Federal Act applies to private organizations like private care facilities. It permitsdisclosure where required by a law (s. 7(3)(i)) and under the following circumstancesthat might apply to elder abuse:Disclosure is made to a person who needs the information because of an emergencythat threatens the life, health or security of an individual and, if the individual whomthe information is about is alive, the organization informs that individual in writingwithout delay of the disclosure (s. 7(3)(e)).Yukon1. Key Legislation• Adult Protection and Decision Making Act, S.Y. 2003, c. 21, Sch. A.• Family Violence Prevention Act, R.S.Y. 2002, c. 84• Access to Information and Protection of Privacy Act, R.S.Y. 2002, c.1 [AIPPA]• Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5[Federal Act]! "#!