PART 2 | PROTECTION OF VULNERABLE ADULTS |
Division 1 — Power to assess, enter premises
and require information |
| Exercise of power under this Division |
5. 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. [30/2019] |
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6.—(1) The Director‑General or a protector may do all or any of the following:| (a) | assess an individual or a vulnerable adult; | | (b) | cause an individual or a vulnerable adult to be assessed by a qualified assessor; | | (c) | direct any person to produce an individual or a vulnerable adult before the Director‑General, protector or qualified assessor, to be assessed in the manner in paragraph (a) or (b); | | (d) | remove an individual or a vulnerable adult from the place where the individual or vulnerable adult is residing or staying for the purpose of an assessment in the manner in paragraph (a) or (b) —| (i) | if the individual or vulnerable adult consents to the removal for that purpose despite that another person is preventing the individual’s or vulnerable adult’s removal; | | (ii) | if the individual or vulnerable adult does not consent to the removal but is assessed by a qualified assessor to lack the mental capacity to consent; or | | (iii) | in accordance with an order of the court under section 7(3). [30/2019] |
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| (2) Where a donee or deputy is appointed for the individual or vulnerable adult mentioned in subsection (1)(d)(ii), the Director‑General, protector or qualified assessor may assess the individual or vulnerable adult under this section without the consent of the individual’s or vulnerable adult’s donee or deputy. [30/2019] |
| (3) Subsection (2) applies whether the donee or deputy is appointed before, on or after 19 December 2018. |
| (4) Where the individual or vulnerable adult is to be assessed at the place where the individual or vulnerable adult is residing or staying, the Director‑General or protector may direct any other person present to leave that place so that the individual or vulnerable adult (as the case may be) can be assessed without that other person present. [30/2019] |
| (5) The Director‑General or protector may be accompanied by one or more relevant support persons to assist with the removal of the individual or vulnerable adult under subsection (1)(d), and may use such force as the Director‑General or protector considers necessary to remove the individual or vulnerable adult or to prevent another person from obstructing the removal of the individual or vulnerable adult. [30/2019] |
(6) Where an individual or vulnerable adult is removed from a place under subsection (1)(d), the Director‑General or a protector must, as soon as practicable after the assessment of the individual or vulnerable adult, permit the individual or vulnerable adult —| (a) | to return to the place; | | (b) | to return to the care of a family member or any other person whom the Director‑General or protector considers competent to provide care and protection to the individual or vulnerable adult; or | | (c) | to return to another place, or to the care of a person, as directed by the court under section 7(4). [30/2019] |
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| (7) A qualified assessor who assesses the individual or vulnerable adult under this section must submit a report of the assessment to the Director‑General or a protector. [30/2019] |
(8) A person —| (a) | who, without reasonable excuse, fails to comply with a direction given under subsection (1)(c) or (4); or | | (b) | who obstructs another person from complying with a direction given under subsection (1)(c) or (4) to that other 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. |
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| (9) This section is subject to section 7. |
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| 7.—(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. [30/2019] (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). [30/2019] |
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(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. [30/2019] |
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| (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. [30/2019] |
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| 8.—(1) The Director‑General or a protector may, without notice, enter at any time of the day or night any premises where an individual or a vulnerable adult is residing or staying for the purpose of exercising a power under section 6(1)(a), (b) or (d) or 10. [30/2019] (2) In exercising the power of entry under subsection (1), the Director‑General or protector may be accompanied by —| (a) | one or more relevant support persons; and | | (b) | any other person whom the Director‑General or protector reasonably considers necessary to assist the Director‑General or protector in exercising the power. [30/2019] |
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| (3) In exercising the power of entry under subsection (1), the Director‑General or protector may, with any assistance that the Director‑General or protector considers necessary, break open any door, window, lock, fastener or any other thing. [30/2019] |
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| Power to obtain information and examine records, etc. |
9.—(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. [30/2019] |
(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. [30/2019] |
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(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. |
[30/2019] |
(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. [30/2019] |
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(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. |
[30/2019] |
(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. |
[30/2019] |
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| Division 2 — Power to remove |
| Power to remove vulnerable adult |
10.—(1) The Director‑General or a protector may remove a vulnerable adult from the place where the vulnerable adult is residing or staying if the Director‑General or protector is satisfied on reasonable grounds that the vulnerable adult has experienced, or is experiencing or at risk of, abuse, neglect or self‑neglect, and —| (a) | the vulnerable adult consents to the removal despite that another person is preventing the vulnerable adult’s removal; | | (b) | the vulnerable adult is assessed by a mental capacity assessor to lack the mental capacity to consent; or | | (c) | the vulnerable adult, where not lacking mental capacity, does not consent to the removal, but is the subject of an order of court under subsection (4). [30/2019] |
| (2) Where a donee or deputy is appointed for the vulnerable adult mentioned in subsection (1)(b), the Director‑General or a protector may remove the vulnerable adult without the consent of the vulnerable adult’s donee or deputy. [30/2019] |
| (3) Subsection (2) applies whether the donee or deputy is appointed before, on or after 19 December 2018. |
(4) Where a vulnerable adult does not lack mental capacity but refuses to be removed under subsection (1), 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 remove that vulnerable adult, if the court —| (a) | is satisfied, on a balance of probabilities, that the vulnerable adult has experienced, or is experiencing or at risk of, abuse, neglect or self‑neglect; and | | (b) | is of the view that the order is necessary for the protection and safety of the vulnerable adult. [30/2019] |
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| (5) In exercising the power under subsection (1), the Director‑General or a protector may be accompanied by one or more relevant support persons to assist with the removal of a vulnerable adult, and may use such force as the Director‑General or protector considers necessary to remove the vulnerable adult or to prevent another person from obstructing the removal of the vulnerable adult. [30/2019] |
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| Committing vulnerable adult to place of temporary care and protection or to care of fit person |
11.—(1) If a vulnerable adult is removed under section 10 from the place, the Director‑General or a protector must —| (a) | commit the vulnerable adult to a place of temporary care and protection or to the care of a fit person; and | | (b) | within 14 working days after the day of the removal, apply to a court under section 12 for an order under section 14 or 15, or apply for an order under subsection (2), unless the Director‑General or protector earlier permits the vulnerable adult —| (i) | to return to the place from where the vulnerable adult was removed; or | | (ii) | to return to the care of a family member or any other person whom the Director‑General or protector considers competent to provide care and protection to the vulnerable adult, if the vulnerable adult has been assessed by a qualified assessor to lack the mental capacity to consent. [30/2019] |
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(2) If an application to a court cannot be made under section 12 for an order under section 14 or 15 within the time specified in subsection (1)(b), the Director‑General or a protector must, within that specified time —| (a) | apply to a court for the custody, charge and care of the vulnerable adult during the period before an application under section 12 is made and determined; and | | (b) | in that application, inform the court the reason for not making an application under section 12 within that specified time. [30/2019] |
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| (3) The court, on an application made under subsection (2), may make an order for the custody, charge and care of the vulnerable adult until an application under section 12 is made and determined. |
(4) If the Director‑General or a protector reasonably believes that contact between the vulnerable adult removed under section 10 and another person (Z) is not in the best interests of the vulnerable adult, the Director‑General or protector may give any of the following directions to Z:| (a) | Z must not contact (by any means) the vulnerable adult during the period before a court makes an order under section 14 in relation to the vulnerable adult; | | (b) | Z may only contact the vulnerable adult under conditions or circumstances specified by the Director‑General or protector. [30/2019] |
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| (5) A person who, without reasonable excuse, fails to comply with a direction given to the person under subsection (4) 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. |
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| Division 3 — Court orders for protection of vulnerable adult |
12.—(1) A person in subsection (2) may apply to the court for one or more orders under section 14 or 15, in relation to a vulnerable adult, if the person has reason to believe that —| (a) | the vulnerable adult has experienced, or is experiencing or at risk of, abuse, neglect or self‑neglect; and | | (b) | the order is, or orders are, necessary for the protection and safety of the vulnerable adult. |
(2) The following persons may apply to the court for an order under section 14 or 15 in relation to a vulnerable adult:| (a) | where the vulnerable adult is assessed by a mental capacity assessor to lack the mental capacity to consent to the application —| (i) | the Director‑General or a protector may apply for any order under section 14(1) or 15; | | (ii) | an approved welfare officer or the vulnerable adult’s donee or deputy (if appointed) may apply for any order under section 14(1)(e), (f), (g) or (h) or 15; or | | (iii) | a family member of the vulnerable adult may apply for any order under section 14(1)(e), (f), (g) or (h) or 15; |
| | (b) | in any other case —| (i) | the Director‑General or a protector may apply for any order under section 14(1) or 15; | | (ii) | an approved welfare officer may, with the consent of the vulnerable adult, apply for any order under section 14(1)(e), (f), (g) or (h) or 15; | | (iii) | the vulnerable adult may, on his or her own, apply for any order under section 14(1)(e), (f), (g) or (h) or 15; or | | (iv) | a family member of the vulnerable adult may, with the consent of the vulnerable adult, apply for any order under section 14(1)(e), (f), (g) or (h) or 15. [30/2019] |
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13.—(1) An application to a court under section 7(3), 10(4), 11(2), 12, 17 or 22(4) must —| (a) | be made in the same manner as an application for a summons is made to a District Court or Magistrate’s Court under the Criminal Procedure Code 2010; and | | (b) | be dealt with —| (i) | as if the application is a complaint for the purposes of the Criminal Procedure Code 2010; but | | (ii) | in accordance with only such provisions of that Code, and with such provisions of any other written law, as may be prescribed by the Family Justice Rules. |
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| (2) To avoid doubt, proceedings under section 7(3), 10(4), 11(2), 12, 17 or 22(4) are not to be treated as criminal proceedings. |
| (3) Subject to subsection (4), the court may not make any order under section 7(3), 10(4), 11(3), 14, 15 or 17 without giving the vulnerable adult an opportunity to be heard. |
(4) No opportunity to be heard needs to be given under subsection (3) if —| (a) | the vulnerable adult is assessed by a mental capacity assessor to lack the mental capacity to make decisions in relation to any application for an order under section 11(3), 14, 15 or 17 concerning the vulnerable adult; or | | (b) | the court is of the view that it is not practicable in the circumstances to do so. |
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| (5) The court before which an application under section 7(3), 10(4), 11(2), 12, 17 or 22(4) is heard may make any order as to costs that the court thinks fit. |
| (6) A judge of the court, when determining whether to make an order under section 14(1)(b) or (j), must sit with 2 advisers from a panel of advisers nominated by the Minister. |
| (7) However, if the court cannot without adjournment be fully constituted under subsection (6) and an adjournment would be inexpedient in the interests of justice, the judge may sit with one adviser or sit alone. |
(8) The functions of the advisers are to inform and advise the court in relation to —| (a) | the protection and safety of a vulnerable adult; or | | (b) | the appropriateness of making an order in respect of a vulnerable adult under section 14(1)(b) or (j). |
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14.—(1) If the court is satisfied, on a balance of probabilities, that the circumstances mentioned in section 12(1)(a) and (b) exist for a vulnerable adult, the court may make one or more of the following orders in relation to the vulnerable adult:| (a) | an order committing the vulnerable adult to a place of temporary care and protection or the care of a fit person for a period not exceeding 6 months; | | (b) | an order committing the vulnerable adult to a place of safety or the care of a fit person for a specified period exceeding 6 months where the court is satisfied that it is in the best interests of the vulnerable adult to be so committed; | | (c) | an order requiring a person to produce the vulnerable adult at a specified medical facility or specified dental facility for medical or dental treatment (as the case may be) that is necessary to enable committal of the vulnerable adult to a place of temporary care and protection or a place of safety or to the care of a fit person; | | (d) | an order placing the vulnerable adult under the supervision of a protector, an approved welfare officer or another person appointed by the court, for a specified period; | | (e) | where the vulnerable adult has experienced or is experiencing abuse or likely to be abused by any person (called in this section the abuser), an order restraining the abuser from abusing or further abusing the vulnerable adult; | | (f) | an order granting the vulnerable adult the right of exclusive occupation of the premises or a specified part of the premises in which the vulnerable adult ordinarily resides, to the exclusion of the abuser or any other person; | | (g) | an order prohibiting a person from entering and remaining in, for a specified period, an area outside the vulnerable adult’s place of residence or any other place frequented by the vulnerable adult; | | (h) | an order prohibiting a person from visiting or communicating with the vulnerable adult; | | (i) | an order requiring one or more persons, including the vulnerable adult, to attend counselling and such other programme provided by a body as directed by the court; | | (j) | subject to subsection (2), where the condition of the vulnerable adult’s residence poses a risk to the safety or health of the vulnerable adult, an order —| (i) | authorising the Director‑General, a protector or another person to make, with such assistance as the Director‑General, protector or other person may reasonably require, the residence a safe living environment; and | | (ii) | authorising the disposal by the Director‑General, protector or other person of any article or thing in the residence, with or without the consent of the owner of that article or thing, to make the residence a safe living environment. [30/2019] |
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(2) Subject to subsection (3), the court may only make an order under subsection (1)(j) —| (a) | with the consent of every owner of the residence and of the vulnerable adult; or | | (b) | where the owner or owners (if there is more than one owner) of the residence cannot be located after reasonable attempts to locate the owner or owners (as the case may be) have been made by the Director‑General or a protector —| (i) | with the consent of the vulnerable adult; and | | (ii) | after a notice by advertisement of the proposed order has been published in —| (A) | an English newspaper and one other newspaper of such language as directed by the court (both of which must be in circulation in Singapore); or | | (B) | any other form as the court may direct, |
| and the prescribed period after such publication has lapsed without any owner objecting to the proposed order. |
[30/2019] |
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(3) The court may only make an order under subsection (1)(j) —| (a) | without the consent of the vulnerable adult —| (i) | if the vulnerable adult lacks the mental capacity to consent; or | | (ii) | if the court is of the view that such an order is necessary for the protection and safety of the vulnerable adult; and |
| | (b) | without the consent of an owner of the residence —| (i) | if the owner lacks the mental capacity to consent; or | | (ii) | if the court is of the view that such an order is necessary for the protection and safety of the vulnerable adult. |
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(4) For the purposes of deciding whether the circumstances mentioned in section 12(1)(a) and (b) exist in relation to a vulnerable adult, the court may —| (a) | require a person to produce the vulnerable adult before the court; | | (b) | require a person to give information, or any other necessary assistance, to the court about the vulnerable adult’s family background, general conduct, home environment, educational or vocational record, medical history and state of physical and mental health and wellbeing, to enable the court to deal with the case in the best interests of the vulnerable adult; | | (c) | require the Director‑General, a protector or a mental capacity assessor to conduct an assessment or investigation of all or any of the following:| (i) | the vulnerable adult; | | (ii) | any person who provides care for or lives with the vulnerable adult; |
| | (d) | require the person who carried out an assessment or investigation under paragraph (c) to submit a written report to the court stating the results of the assessment or the findings of the investigation, as the case may be; and | | (e) | adjourn the matter, and make any interim order the court considers appropriate, including but not limited to an order about a matter mentioned in subsection (1). [30/2019] |
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| (5) The court may disclose to the Director‑General or a protector any information obtained under subsection (4)(b) and any report submitted under subsection (4)(d), if the court is satisfied that the disclosure is necessary for the protection and safety of the vulnerable adult who is the subject of the information or report. [30/2019] |
| (6) The court may order the report submitted under subsection (4)(d) or a redacted version of that report be given to a person against whom an order under subsection (1) is to be made. |
| (7) The court may, in making an order under subsection (1), impose conditions or give directions as the court thinks fit for the purpose of ensuring the protection and safety of the vulnerable adult who is the subject of the order. |
| (8) The court, in making an order under subsection (1)(e), may include a provision that the abuser must not incite or assist any other person to abuse the vulnerable adult. |
| (9) An order made under subsection (1)(f) does not affect any title or interest that the person against whom the order is made or any other person might have in the residence other than to the extent provided for in the order. |
(10) A person who, without reasonable excuse, fails to comply with an order made under subsection (1)(e), (f), (g) or (h) shall be guilty of an offence and shall be liable —| (a) | on the first conviction in relation to an order under subsection (1)(e), (f), (g) or (h), to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both; and | | (b) | on a second or subsequent conviction for failing to comply with another order made under subsection (1)(e), (f), (g) or (h) (as the case may be), to a fine not exceeding $8,000 or to imprisonment for a term not exceeding 18 months or to both. |
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| (11) A reference to an offence under subsection (10) includes a reference to an abetment of the offence. |
(12) A person who obstructs —| (a) | the compliance by a person with an order made under subsection (1)(a), (b), (c), (d), (i) or (j); or | | (b) | any person assisting the Director‑General, a protector or another person in the compliance with an order made under subsection (1)(a), (b), (c), (d), (i) or (j), |
| 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. |
[30/2019] |
(13) A person who —| (a) | without reasonable excuse, fails to comply with an order made by the court under subsection (4)(a), (b) or (e); or | | (b) | obstructs the carrying out of an assessment or investigation ordered by the court under subsection (4)(c), |
| 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. |
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(14) In this section, “owner” —| (a) | for residence that is a lot comprised in a strata title plan under the Land Titles (Strata) Act 1967, means any person who is the registered subsidiary proprietor of the lot under that Act; | | (b) | for residence that is a flat in any building in a housing estate of the Housing and Development Board, means any owner of the flat as defined under the Housing and Development Act 1959; | | (c) | for residence that is a lot in any subdivided building other than a subdivided building referred to in paragraph (a) or (b), means any person who is the registered proprietor in the land‑register under the Land Titles Act 1993 of the fee simple, estate in perpetuity or leasehold estate of that lot; | | (d) | for residence that constitutes premises which are not subdivided, means any person who is the registered proprietor in the land‑register under the Land Titles Act 1993 of the fee simple, estate in perpetuity or leasehold estate of those premises in the land‑register under the Land Titles Act 1993; and | | (e) | for residence that constitutes premises not falling under paragraphs (a) to (d), means the person for the time being receiving the rent of the premises, whether on the person’s own account or as agent or trustee or as receiver, or who would receive the same if the premises were let to a tenant, and includes the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960 as the owner of the premises or a mortgagee in possession. |
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15.—(1) This section applies if an application is made in relation to a vulnerable adult for an order mentioned in section 14(1)(e), (f), (g) or (h), and the court is satisfied, on a balance of probabilities, that the vulnerable adult is experiencing, or is in imminent danger of, abuse, neglect or self‑neglect.(2) The court may make the order (called in this Act an expedited order) even if —| (a) | the application is not served on the person against whom an order mentioned in section 14(1)(e), (f), (g) or (h) is to be made (called in this section the respondent) or is not served on the respondent within a reasonable time before the hearing of the application; or | | (b) | where the application has been served on the respondent — the respondent does not appear at the hearing of the application. |
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(3) An expedited order takes effect in respect of the person to whom the order applies —| (a) | from the date on which the order is served on that person; or | | (b) | if the court specifies a later date on which the order is to take effect — the later date. |
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(4) An expedited order ceases to have effect on the earlier of the following dates:| (a) | the date that is 28 days after the date the order is made; | | (b) | the date the court decides the application under section 12. |
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| (5) Despite subsection (4), the court may extend the duration of the expedited order. |
| (6) The expiry of an expedited order does not affect the making of a further expedited order. |
| (7) Section 14(7), (8) and (9) applies, with the necessary modifications, in relation to an expedited order and to the making of an expedited order under this section. |
| (8) A person who, without reasonable excuse, fails to comply with an expedited order made under subsection (2) 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. |
| (9) A reference to an offence under subsection (8) includes a reference to an abetment of the offence. |
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16.—(1) Subject to subsection (2), sections 14(10) and (13)(a) and 15(8) do not affect the powers of the court in relation to the punishment for a contempt of court.| (2) Where a person is convicted of an offence under section 14(10) or (13)(a) or 15(8) in respect of any non‑compliance with an order or expedited order, that non‑compliance is not punishable as a contempt of court. |
| (3) A person cannot be convicted of an offence under section 14(10) or (13)(a) or 15(8) in respect of any non‑compliance with an order or expedited order which has been punished as a contempt of court. |
(4) The following persons may apply for a contempt of court in respect of the non‑compliance with an order under section 14 (including the non‑compliance with such an order made on an expedited basis under section 15):| (a) | subject to subsection (5), the Director‑General or a protector may apply for a contempt of court in respect of the non‑compliance with an order under section 14(1)(e); | | (b) | subject to subsection (5), a family member of the vulnerable adult to whom an order under section 14(1)(e) relates may apply for a contempt of court in respect of the non‑compliance with the order; | | (c) | the Director‑General or a protector may apply for a contempt of court in respect of the non‑compliance with an order under section 14(1)(i); | | (d) | the vulnerable adult to whom an order under section 14(1)(e), (f) or (g) or (4)(a), (b), (c) or (e) relates may apply for a contempt of court in respect of the non‑compliance with the order. [30/2019] |
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(5) The Director‑General, a protector or family member of the vulnerable adult concerned may only make an application mentioned in subsection (4)(a) or (b) if —| (a) | the Director‑General, protector or family member has obtained the consent of the vulnerable adult before making the application; or | | (b) | at the time the application is made, the vulnerable adult is assessed by a mental capacity assessor to lack the mental capacity to consent to the application. [30/2019] |
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| (6) The Director‑General or protector is not required to obtain the consent of the vulnerable adult concerned before making an application mentioned in subsection (4)(c). [30/2019] |
(7) To avoid doubt —| (a) | the Director‑General or a protector may make an application mentioned in subsection (4)(a) or (c) even if the Director‑General or protector did not earlier apply for the order or expedited order (as the case may be) that is the subject of the application; | | (b) | a family member may make an application mentioned in subsection (4)(b) even if the family member did not earlier apply for the order or expedited order (as the case may be) that is subject of the application; and | | (c) | the vulnerable adult may make an application mentioned in subsection (4)(d) even if the vulnerable adult did not earlier apply for the order or expedited order (as the case may be) that is the subject of the application. [30/2019] |
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| Supplementary provisions with respect to orders under sections 14 and 15 |
17.—(1) On an application by a person mentioned in subsection (2), the court may, at any time before the expiry of an order made under section 14(1) or 15, vary, suspend or revoke the order if the court is satisfied it would be in the best interests of the vulnerable adult in relation to whom the order is made.(2) Subject to subsection (4), the following persons may apply to the court for a variation, suspension or revocation of any of the following orders:| (a) | for an order under section 14(1)(a) or (b), the Director‑General or a protector; | | (b) | for an order under section 14(1)(c) —| (i) | the Director‑General or a protector; or | | (ii) | the person against whom the order is made; |
| | (c) | for an order under section 14(1)(d) —| (i) | the Director‑General or a protector; | | (ii) | an approved welfare officer (whether or not the approved welfare officer had earlier applied for that order); or | | (iii) | the vulnerable adult or any other person to whom the order relates; |
| | (d) | for an order under section 14(1)(e), (f), (g) or (h) or 15 —| (i) | the Director‑General or a protector; | | (ii) | an approved welfare officer if an approved welfare officer had earlier applied under section 12 for that order; | | (iii) | the vulnerable adult to whom the order relates, or the vulnerable adult’s donee or deputy (as the case may be) if the vulnerable adult lacks mental capacity; | | (iv) | a family member of the vulnerable adult if that family member had earlier applied under section 12 for that order; or | | (v) | the person against whom the order is made; |
| | (e) | for an order under section 14(1)(i) —| (i) | the Director‑General or a protector; or | | (ii) | the person or any of the persons to whom the order relates if the application under this section is to suspend or revoke the order; |
| | (f) | for an order under section 14(1)(j), the Director‑General or a protector. [30/2019] |
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| (3) The Director‑General or a protector may, under subsection (2), apply for a variation, suspension or revocation of an order even if the Director‑General or protector did not earlier apply for that order. [30/2019] |
(4) An approved welfare officer or a family member of the vulnerable adult may apply to the court for a variation, suspension or revocation of an order mentioned in subsection (2)(c) or (d) (as the case may be) if —| (a) | the vulnerable adult consents to the application; or | | (b) | the vulnerable adult is assessed by a mental capacity assessor to lack the mental capacity to consent to the application. |
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Division 4 — Administering medical or dental treatment to
vulnerable adult |
| Administering medical or dental treatment to vulnerable adult |
18.—(1) The Director‑General or a protector may require a vulnerable adult to be produced before a registered medical practitioner or registered dentist for any necessary medical or dental treatment, as the case may be —| (a) | before or during the vulnerable adult’s period of committal in a place of temporary care and protection or under the care of a fit person (as the case may be) under section 11(1)(a); and | | (b) | during the vulnerable adult’s period of committal in a place of temporary care and protection or place of safety, or under the care of a fit person (as the case may be) if the vulnerable adult is the subject of an order of court under section 14(1)(a) or (b). [30/2019] |
(2) Any treatment mentioned in subsection (1) may be administered to the vulnerable adult concerned only with the vulnerable adult’s consent unless —| (a) | the vulnerable adult is assessed by a mental capacity assessor to lack the mental capacity to consent, and the registered medical practitioner or registered dentist reasonably believes that it is in the vulnerable adult’s best interests to receive the treatment; or | | (b) | it is not practicable to obtain consent from the vulnerable adult, and the registered medical practitioner or registered dentist —| (i) | reasonably believes that a medical or dental emergency (as the case may be) exists; and | | (ii) | is of the view that it is in the vulnerable adult’s best interests to receive the treatment. |
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(3) If a donee or deputy has been appointed for the vulnerable adult mentioned in subsection (2)(a), a registered medical practitioner or registered dentist may administer the medical or dental treatment (as the case may be) to the vulnerable adult under that subsection without the consent of the vulnerable adult’s donee or deputy (as the case may be) if the registered medical practitioner or registered dentist is of the view —| (a) | that the consent cannot be obtained within a reasonable time; or | | (b) | that the consent is being unreasonably withheld by the donee or deputy. |
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| (4) Subsection (3) applies whether the donee or deputy is appointed before, on or after 19 December 2018. |
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