Singapore legislation
Section 14
Section 14
Court orders
(1)
If the court is satisfied, on a balance of probabilities, that the circumstances mentioned in section 12(1)(a) and (b) exist for a vulnerable adult, the court may make one or more of the following orders in relation to the vulnerable adult:
an order committing the vulnerable adult to a place of temporary care and protection or the care of a fit person for a period not exceeding 6 months;
an order committing the vulnerable adult to a place of safety or the care of a fit person for a specified period exceeding 6 months where the court is satisfied that it is in the best interests of the vulnerable adult to be so committed;
an order requiring a person to produce the vulnerable adult at a specified medical facility or specified dental facility for medical or dental treatment (as the case may be) that is necessary to enable committal of the vulnerable adult to a place of temporary care and protection or a place of safety or to the care of a fit person;
an order placing the vulnerable adult under the supervision of a protector, an approved welfare officer or another person appointed by the court, for a specified period;
where the vulnerable adult has experienced or is experiencing abuse or likely to be abused by any person (called in this section the abuser), an order restraining the abuser from abusing or further abusing the vulnerable adult;
an order granting the vulnerable adult the right of exclusive occupation of the premises or a specified part of the premises in which the vulnerable adult ordinarily resides, to the exclusion of the abuser or any other person;
an order prohibiting a person from entering and remaining in, for a specified period, an area outside the vulnerable adult’s place of residence or any other place frequented by the vulnerable adult;
an order prohibiting a person from visiting or communicating with the vulnerable adult;
an order requiring one or more persons, including the vulnerable adult, to attend counselling and such other programme provided by a body as directed by the court;
subject to subsection (2), where the condition of the vulnerable adult’s residence poses a risk to the safety or health of the vulnerable adult, an order —
authorising the Director‑General, a protector or another person to make, with such assistance as the Director‑General, protector or other person may reasonably require, the residence a safe living environment; and
authorising the disposal by the Director‑General, protector or other person of any article or thing in the residence, with or without the consent of the owner of that article or thing, to make the residence a safe living environment.
(2)
Subject to subsection (3), the court may only make an order under subsection (1)(j) —
with the consent of every owner of the residence and of the vulnerable adult; or
where the owner or owners (if there is more than one owner) of the residence cannot be located after reasonable attempts to locate the owner or owners (as the case may be) have been made by the Director‑General or a protector —
with the consent of the vulnerable adult; and
after a notice by advertisement of the proposed order has been published in —
an English newspaper and one other newspaper of such language as directed by the court (both of which must be in circulation in Singapore); or
any other form as the court may direct,and the prescribed period after such publication has lapsed without any owner objecting to the proposed order.
(3)
The court may only make an order under subsection (1)(j) —
without the consent of the vulnerable adult —
if the vulnerable adult lacks the mental capacity to consent; or
if the court is of the view that such an order is necessary for the protection and safety of the vulnerable adult; and
without the consent of an owner of the residence —
if the owner lacks the mental capacity to consent; or
if the court is of the view that such an order is necessary for the protection and safety of the vulnerable adult.
(4)
For the purposes of deciding whether the circumstances mentioned in section 12(1)(a) and (b) exist in relation to a vulnerable adult, the court may —
require a person to produce the vulnerable adult before the court;
require a person to give information, or any other necessary assistance, to the court about the vulnerable adult’s family background, general conduct, home environment, educational or vocational record, medical history and state of physical and mental health and wellbeing, to enable the court to deal with the case in the best interests of the vulnerable adult;
require the Director‑General, a protector or a mental capacity assessor to conduct an assessment or investigation of all or any of the following:
the vulnerable adult;
any person who provides care for or lives with the vulnerable adult;
require the person who carried out an assessment or investigation under paragraph (c) to submit a written report to the court stating the results of the assessment or the findings of the investigation, as the case may be; and
adjourn the matter, and make any interim order the court considers appropriate, including but not limited to an order about a matter mentioned in subsection (1).
(5)
The court may disclose to the Director‑General or a protector any information obtained under subsection (4)(b) and any report submitted under subsection (4)(d), if the court is satisfied that the disclosure is necessary for the protection and safety of the vulnerable adult who is the subject of the information or report.
(6)
The court may order the report submitted under subsection (4)(d) or a redacted version of that report be given to a person against whom an order under subsection (1) is to be made.
(7)
The court may, in making an order under subsection (1), impose conditions or give directions as the court thinks fit for the purpose of ensuring the protection and safety of the vulnerable adult who is the subject of the order.
(8)
The court, in making an order under subsection (1)(e), may include a provision that the abuser must not incite or assist any other person to abuse the vulnerable adult.
(9)
An order made under subsection (1)(f) does not affect any title or interest that the person against whom the order is made or any other person might have in the residence other than to the extent provided for in the order.
(10)
A person who, without reasonable excuse, fails to comply with an order made under subsection (1)(e), (f), (g) or (h) shall be guilty of an offence and shall be liable —
on the first conviction in relation to an order under subsection (1)(e), (f), (g) or (h), to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both; and
on a second or subsequent conviction for failing to comply with another order made under subsection (1)(e), (f), (g) or (h) (as the case may be), to a fine not exceeding $8,000 or to imprisonment for a term not exceeding 18 months or to both.
(11)
A reference to an offence under subsection (10) includes a reference to an abetment of the offence.
(12)
A person who obstructs —
the compliance by a person with an order made under subsection (1)(a), (b), (c), (d), (i) or (j); or
any person assisting the Director‑General, a protector or another person in the compliance with an order made under subsection (1)(a), (b), (c), (d), (i) or (j),shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
(13)
A person who —
without reasonable excuse, fails to comply with an order made by the court under subsection (4)(a), (b) or (e); or
obstructs the carrying out of an assessment or investigation ordered by the court under subsection (4)(c),shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
(14)
In this section, “owner” —
for residence that is a lot comprised in a strata title plan under the Land Titles (Strata) Act 1967, means any person who is the registered subsidiary proprietor of the lot under that Act;
for residence that is a flat in any building in a housing estate of the Housing and Development Board, means any owner of the flat as defined under the Housing and Development Act 1959;
for residence that is a lot in any subdivided building other than a subdivided building referred to in paragraph (a) or (b), means any person who is the registered proprietor in the land‑register under the Land Titles Act 1993 of the fee simple, estate in perpetuity or leasehold estate of that lot;
for residence that constitutes premises which are not subdivided, means any person who is the registered proprietor in the land‑register under the Land Titles Act 1993 of the fee simple, estate in perpetuity or leasehold estate of those premises in the land‑register under the Land Titles Act 1993; and
for residence that constitutes premises not falling under paragraphs (a) to (d), means the person for the time being receiving the rent of the premises, whether on the person’s own account or as agent or trustee or as receiver, or who would receive the same if the premises were let to a tenant, and includes the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960 as the owner of the premises or a mortgagee in possession.