In forceAmended2020 Revised Edition

Contents

Vulnerable Adults Act 2018 · 2020 Revised Edition · Part 2 · Protection of Vulnerable Adults

10. Power to remove vulnerable adult

Amended

Last amended by an amending law of 2019.

(1)

The Director‑General or a protector may remove a vulnerable adult from the place where the vulnerable adult is residing or staying if the Director‑General or protector is satisfied on reasonable grounds that the vulnerable adult has experienced, or is experiencing or at risk of, abuse, neglect or self‑neglect, and —

(a)

the vulnerable adult consents to the removal despite that another person is preventing the vulnerable adult’s removal;

(b)

the vulnerable adult is assessed by a mental capacity assessor to lack the mental capacity to consent; or

(c)

the vulnerable adult, where not lacking mental capacity, does not consent to the removal, but is the subject of an order of court under subsection (4).

(2)

Where a donee or deputy is appointed for the vulnerable adult mentioned in subsection (1)(b), the Director‑General or a protector may remove the vulnerable adult without the consent of the vulnerable adult’s donee or deputy.

(3)

Subsection (2) applies whether the donee or deputy is appointed before, on or after 19 December 2018.

(4)

Where a vulnerable adult does not lack mental capacity but refuses to be removed under subsection (1), the court may, on an application made by the Director‑General or a protector, make an order authorising the Director‑General or a protector to remove that vulnerable adult, if the court —

(a)

is satisfied, on a balance of probabilities, that the vulnerable adult has experienced, or is experiencing or at risk of, abuse, neglect or self‑neglect; and

(b)

is of the view that the order is necessary for the protection and safety of the vulnerable adult.

(5)

In exercising the power under subsection (1), the Director‑General or a protector may be accompanied by one or more relevant support persons to assist with the removal of a vulnerable adult, and may use such force as the Director‑General or protector considers necessary to remove the vulnerable adult or to prevent another person from obstructing the removal of the vulnerable adult.

Terms defined in s 2

abuse
Defined · s 2
“abuse” means —(a)physical abuse;(b)emotional or psychological abuse;(c)conduct or behaviour by an individual that in any other way controls or dominates another individual and causes the other individual to fear for his or her safety or wellbeing; or(d)conduct or behaviour by an individual that unreasonably deprives, or threatens to unreasonably deprive, another individual of that other individual’s liberty of movement or wellbeing;
Open s 2
court
Defined · s 2
“court” means the Family Court, except in sections 9(4)(a), 22(4), (5) and (7), 23(2)(a) and (3), 33 and 35(7) where “court” means a court of competent jurisdiction;
Open s 2
deputy
Defined · s 2
“deputy” has the meaning given by section 2(1) of the Mental Capacity Act 2008;
Open s 2
Director‑General
Defined · s 2
“Director‑General” means the Director‑General of Social Welfare;
Open s 2
donee
Defined · s 2
“donee” has the meaning given by section 2(1) of the Mental Capacity Act 2008;
Open s 2
mental capacity assessor
Defined · s 2
“mental capacity assessor” means a person appointed by the Director‑General under section 3(4) to assess the mental capacity of an individual under or for the purposes of this Act;
Open s 2
neglect
Defined · s 2
“neglect”, in relation to an individual, means the lack of provision to the individual of essential care (such as but not limited to food, clothing, medical aid, lodging and other necessities of life), to the extent of causing or being reasonably likely to cause personal injury or physical pain to, or injury to the mental or physical health of, the individual;
Open s 2
protector
Defined · s 2
“protector” means a public officer appointed as a protector under section 3(2);
Open s 2
self‑neglect
Defined · s 2
“self‑neglect”, in relation to an individual, means the failure of the individual to perform essential tasks of daily living (such as but not limited to eating, dressing and seeking medical aid) to care for himself or herself, resulting in the individual —(a)living in grossly unsanitary or hazardous conditions;(b)suffering from malnutrition or dehydration; or(c)suffering from an untreated physical or mental illness or injury;
Open s 2
vulnerable adult
Defined · s 2
“vulnerable adult” means an individual who —(a)is 18 years of age or older; and(b)is, by reason of mental or physical infirmity, disability or incapacity, incapable of protecting himself or herself from abuse, neglect or self‑neglect;
Open s 2