In forceAmended2020 Revised Edition

Contents

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

7. Refusal of assessment

Amended

Last amended by an amending law of 2019.

(1)

Where an individual or a vulnerable adult refuses to be assessed under section 6, the Director‑General or a protector is not required to exercise any power under that section.

(2)

Despite subsection (1), the Director‑General or a protector may exercise any power under section 6 in relation to the individual or vulnerable adult —

(a)

if the Director‑General or protector has reason to believe that the individual or vulnerable adult concerned lacks the mental capacity to refuse the assessment, and the Director‑General or protector is satisfied that carrying out the assessment would be in the individual’s or vulnerable adult’s best interests; or

(b)

in accordance with an order of the court under subsection (3).

(3)

Where an individual or a vulnerable adult does not lack mental capacity but refuses to be assessed under section 6 or refuses to be removed for the purpose of an assessment under that section, 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 exercise any power under section 6(1) in relation to that individual or vulnerable adult, if the court —

(a)

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

(b)

is of the view that such an order is necessary for the protection and safety of the individual or vulnerable adult.

(4)

In making an order under subsection (3), the court may direct the Director‑General or a protector to return the individual or vulnerable adult concerned to such place or to the care of such person, after the individual’s or vulnerable adult’s assessment, as the court thinks fit.

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
assessment
Defined · s 2
“assessment” means an interview and examination which includes the taking of X‑rays and an individual’s blood and other body samples for testing and analysis, but does not include the administering of medical or dental treatment;
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