In forceAmended2020 Revised Edition

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Vulnerable Adults Act 2018 · 2020 Revised Edition · Part 4 · Confidential Information

23. Notification of information relating to individual who is, or is suspected to be, vulnerable adult

Amended

Last amended by an amending law of 2019.

(1)

Any person who knows or has reason to suspect that an individual is a vulnerable adult who has experienced, or is experiencing or at risk of, abuse, neglect or self‑neglect may notify any of the following persons of the facts and circumstances on which the person’s knowledge or suspicion is based:

(a)

the Director‑General;

(b)

a protector;

(c)

any other person authorised by the Director‑General or a protector to receive such information.

(2)

A person who makes a notification under subsection (1) —

(a)

must not, by virtue of doing so, be regarded in any proceedings before any court or tribunal or in any other respect to have breached any code of professional etiquette or ethics, or to have departed from any accepted form of professional conduct; and

(b)

insofar as the person has acted with reasonable care and in good faith, incurs no civil or criminal liability in respect of the notification or the provision of any information contained in the notification.

(3)

Any person appearing as a witness in any proceedings in any court or tribunal or before a person authorised by law to hear evidence must not be compelled —

(a)

to disclose the identity of any person who has made a notification under subsection (1), or any information likely to lead to the disclosure of the identity of such a person; or

(b)

to produce any report or document, or any part of a report or document, which is likely to identify, any person who has made a notification under subsection (1).

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
Director‑General
Defined · s 2
“Director‑General” means the Director‑General of Social Welfare;
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

Report

Read on from s 24

Part 5

Enforcement

Read on from Part 5

Part 6

Miscellaneous

Read on from Part 6