Skip to content
In forceAmended2020 Revised Edition
Contents

Part 7 · Protection Against Family Violence

59A. Consent generally required for assessment

Amended

Last amended by an amending law of 2023.

(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).

Part 8

Maintenance of Wife, Incapacitated Husband and Children

Part 9

Enforcement of Maintenance Orders

Part 9A

Additional Provisions Relating to Part 7, 8 or 9

Part 10

Part 10A

Amicable Settlement of Disputes

Part 10B

Court’S Power to Set Aside and Prevent Dispositions Intended to Defeat Maintenance Claims or Other Orders in Matrimonial Proceedings

Part 10C

Replacement Because of Death

Part 11

Offences Against Women and Girls

Part 12

Miscellaneous

Schedules