In forceAmended2020 Revised Edition

Contents

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

5. Exercise of power under this Division

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Amended

Last amended by an amending law of 2019.

The Director‑General or a protector may exercise any power under this Division —

(a)

in relation to an individual, only if —

(i)

the Director‑General or protector has reason to believe that the individual is a vulnerable adult, and the individual has experienced, or is experiencing or at risk of, abuse, neglect or self‑neglect; or

(ii)

the court has made an order under this Division authorising the Director‑General or protector to do so; and

(b)

in relation to a vulnerable adult who is the subject of any court order under section 14 or 15, only if —

(i)

the Director‑General or protector has reason to believe that the vulnerable adult has experienced, or is experiencing or at risk of, abuse, neglect or self‑neglect, and the exercise of the power is not inconsistent with any condition or direction specified in the court order; or

(ii)

the court has made an order under this Division authorising the Director‑General or protector to do so.

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