Women’s Charter 1961 · s 59A

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—(1) A person must not be assessed under section 59(1) without his or her consent.(2) However, a person may be assessed under section 59(1) without his or her consent if —(a)a protector reasonably believes that the person lacks the mental capacity to consent and is satisfied that it is in the person’s best interests for the assessment to be done;(b)the person is below 18 years of age and a protector reasonably believes that it is in the person’s best interests for the assessment to be done; or(c)the court, on an application by a protector, authorises the protector to exercise the powers in section 59(1) in relation to the person.(3) The court may authorise a protector to exercise the powers in section 59(1) in relation to a person if the court is satisfied, on a balance of probabilities, that it is in the person’s best interests to be assessed under section 59(1).
A person must not be assessed under section 59(1) without his or her consent.
However, a person may be assessed under section 59(1) without his or her consent if —(a)a protector reasonably believes that the person lacks the mental capacity to consent and is satisfied that it is in the person’s best interests for the assessment to be done;(b)the person is below 18 years of age and a protector reasonably believes that it is in the person’s best interests for the assessment to be done; or(c)the court, on an application by a protector, authorises the protector to exercise the powers in section 59(1) in relation to the person.
The court may authorise a protector to exercise the powers in section 59(1) in relation to a person if the court is satisfied, on a balance of probabilities, that it is in the person’s best interests to be assessed under section 59(1).

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s 59AConsent generally required for assessment

(1)

A person must not be assessed under section 59(1) without his or her consent.

(2)

However, a person may be assessed under section 59(1) without his or her consent if —

(a)

a protector reasonably believes that the person lacks the mental capacity to consent and is satisfied that it is in the person’s best interests for the assessment to be done;

(b)

the person is below 18 years of age and a protector reasonably believes that it is in the person’s best interests for the assessment to be done; or

(c)

the court, on an application by a protector, authorises the protector to exercise the powers in section 59(1) in relation to the person.

(3)

The court may authorise a protector to exercise the powers in section 59(1) in relation to a person if the court is satisfied, on a balance of probabilities, that it is in the person’s best interests to be assessed under section 59(1).