Clause 3 — Vulnerable Adults Bill

(1)

The Director is, subject to the general or special directions of the Minister, responsible for the administration of this Act.

(2)

The Director may appoint any public officer with suitable qualifications and experience as a protector under this Act.

(3)

The Director may appoint a suitably qualified individual as an approved welfare officer to exercise the powers of an approved welfare officer under this Act as directed by the Director or a protector.

(4)

The Director may appoint any of the following persons as a mental capacity assessor to assess whether an individual lacks mental capacity:

(a)

a registered medical practitioner;

(b)

a psychiatrist;

(c)

a psychologist.

(5)

The Director may appoint any public officer with suitable qualifications and experience as an enforcement officer under this Act.

(6)

The Director must issue to each enforcement officer an identification card.

(7)

Every enforcement officer whose appointment as such ceases must return to the Director the identification card issued to him or her under subsection (6).

(8)

If asked to do so, an enforcement officer must produce his or her identification card for inspection before exercising a power under this Act.

(9)

The Director may appoint any of the following persons as an authorised officer for the purposes of sections 27, 28 and 29:

(a)

an enforcement officer;

(b)

an auxiliary police officer.

(10)

Any appointment under this section may be subject to such conditions or limitations as the Director may specify.

(11)

Subject to subsection (12), the Director may delegate the exercise or performance of all or any of the powers conferred or duties imposed on the Director by or under this Act to any public officer, except the power of appointment under this section and power of delegation under this subsection; and any reference in this Act to the Director includes a reference to such a public officer.

(12)

Any delegation under subsection (11) may be general or in a particular case and may be subject to such conditions or limitations as the Director may specify.

(13)

The Director, a delegate under subsection (11), a protector, an approved welfare officer, authorised officer and enforcement officer who, in the course of his or her duty as the Director, delegate, protector, approved welfare officer, authorised officer or enforcement officer (as the case may be), is taken to be a public servant within the meaning of the Penal Code (Cap. 224) when exercising a power under this Act.