In forceAmended2020 Revised Edition

Contents

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

12. Application to court

Amended

Last amended by an amending law of 2019.

(1)

A person in subsection (2) may apply to the court for one or more orders under section 14 or 15, in relation to a vulnerable adult, if the person has reason to believe that —

(a)

the vulnerable adult has experienced, or is experiencing or at risk of, abuse, neglect or self‑neglect; and

(b)

the order is, or orders are, necessary for the protection and safety of the vulnerable adult.

(2)

The following persons may apply to the court for an order under section 14 or 15 in relation to a vulnerable adult:

(a)

where the vulnerable adult is assessed by a mental capacity assessor to lack the mental capacity to consent to the application —

(i)

the Director‑General or a protector may apply for any order under section 14(1) or 15;

(ii)

an approved welfare officer or the vulnerable adult’s donee or deputy (if appointed) may apply for any order under section 14(1)(e), (f), (g) or (h) or 15; or

(iii)

a family member of the vulnerable adult may apply for any order under section 14(1)(e), (f), (g) or (h) or 15;

(b)

in any other case —

(i)

the Director‑General or a protector may apply for any order under section 14(1) or 15;

(ii)

an approved welfare officer may, with the consent of the vulnerable adult, apply for any order under section 14(1)(e), (f), (g) or (h) or 15;

(iii)

the vulnerable adult may, on his or her own, apply for any order under section 14(1)(e), (f), (g) or (h) or 15; or

(iv)

a family member of the vulnerable adult may, with the consent of the vulnerable adult, apply for any order under section 14(1)(e), (f), (g) or (h) or 15.

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
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
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