In forceAmended2020 Revised Edition

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

11. Committing vulnerable adult to place of temporary care and protection or to care of fit person

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Amended

Last amended by an amending law of 2019.

(1)

If a vulnerable adult is removed under section 10 from the place, the Director‑General or a protector must —

(a)

commit the vulnerable adult to a place of temporary care and protection or to the care of a fit person; and

(b)

within 14 working days after the day of the removal, apply to a court under section 12 for an order under section 14 or 15, or apply for an order under subsection (2), unless the Director‑General or protector earlier permits the vulnerable adult —

(i)

to return to the place from where the vulnerable adult was removed; or

(ii)

to return to the care of a family member or any other person whom the Director‑General or protector considers competent to provide care and protection to the vulnerable adult, if the vulnerable adult has been assessed by a qualified assessor to lack the mental capacity to consent.

(2)

If an application to a court cannot be made under section 12 for an order under section 14 or 15 within the time specified in subsection (1)(b), the Director‑General or a protector must, within that specified time —

(a)

apply to a court for the custody, charge and care of the vulnerable adult during the period before an application under section 12 is made and determined; and

(b)

in that application, inform the court the reason for not making an application under section 12 within that specified time.

(3)

The court, on an application made under subsection (2), may make an order for the custody, charge and care of the vulnerable adult until an application under section 12 is made and determined.

(4)

If the Director‑General or a protector reasonably believes that contact between the vulnerable adult removed under section 10 and another person (Z) is not in the best interests of the vulnerable adult, the Director‑General or protector may give any of the following directions to Z:

(a)

Z must not contact (by any means) the vulnerable adult during the period before a court makes an order under section 14 in relation to the vulnerable adult;

(b)

Z may only contact the vulnerable adult under conditions or circumstances specified by the Director‑General or protector.

(5)

A person who, without reasonable excuse, fails to comply with a direction given to the person under subsection (4) 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.

Terms defined in 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
Director‑General
Defined · s 2
“Director‑General” means the Director‑General of Social Welfare;
Open s 2
family member
Defined · s 2
“family member”, in relation to an individual, means —(a)a spouse of the individual;(b)a child of the individual, whether or not an adopted child or a stepchild;(c)a parent of the individual;(d)a father‑in‑law or mother‑in‑law of the individual;(e)a brother or sister of the individual;(f)a grandparent or grandchild of the individual; or(g)any other individual who, in the opinion of the court, should in the circumstances be regarded as a member of the individual’s family;
Open s 2
fit person
Defined · s 2
“fit person” means an individual whom or organisation which the court or the Director‑General thinks is competent to provide care and protection to a vulnerable adult;
Open s 2
place of temporary care and protection
Defined · s 2
“place of temporary care and protection” means any premises designated under section 19 to be a place of temporary care and protection;
Open s 2
protector
Defined · s 2
“protector” means a public officer appointed as a protector under section 3(2);
Open s 2
qualified assessor
Defined · s 2
“qualified assessor” means a person whom the Director‑General or a protector reasonably considers qualified to conduct an assessment, and includes a mental capacity assessor;
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