In forceAmended2020 Revised Edition

Contents

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

9. Power to obtain information and examine records, etc.

Amended

Last amended by an amending law of 2019.

(1)

This section applies to any person whom the Director‑General or a protector has reason to believe has information about —

(a)

whether an individual is a vulnerable adult; or

(b)

whether an individual or a vulnerable adult has experienced, or is experiencing or at risk of, abuse, neglect or self‑neglect.

(2)

The Director‑General or a protector may direct any person in subsection (1) —

(a)

to give to the Director‑General or protector the information in subsection (1) in writing within the time specified in the direction; or

(b)

to appear before and give the information in subsection (1) to the Director‑General or protector at the time and place specified in the direction.

(3)

The Director‑General or a protector may, at all reasonable times, examine and take copies of —

(a)

any health record kept by any person in subsection (1); or

(b)

any record kept by any person in subsection (1) and compiled in connection with a social services function,so far as the record relates to an individual whom the Director‑General or protector has reason to believe is a vulnerable adult and has experienced, or is experiencing or at risk of, abuse, neglect or self‑neglect, or the record relates to a vulnerable adult whom the Director‑General or protector has reason to believe has experienced, or is experiencing or at risk of, abuse, neglect or self‑neglect.

(4)

A person who gives information to the Director‑General or a protector as directed under subsection (2) or gives the Director‑General or a protector acting under subsection (3) access to a record —

(a)

is not, by virtue of doing so, to be regarded in any proceedings before a 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)

to the extent the person has acted in good faith, incurs no civil or criminal liability in relation to the giving of the information or access to the record.

(5)

If a person —

(a)

without reasonable excuse, fails to comply with a direction given to the person under subsection (2) or to give access to a record to the Director‑General or a protector acting under subsection (3); or

(b)

obstructs another person from complying with a direction given under subsection (2) to that other person,the person 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.

(6)

A person —

(a)

who in compliance or purported compliance with a direction given under subsection (2) gives information to the Director‑General or a protector; and

(b)

who knows that the information given is false or incorrect,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

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