Page:Vulnerable Adults Act 2018.pdf/19

20 :(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. Division 2—Power to remove Power to remove vulnerable adult

10.—(1) The Director or a protector may remove a vulnerable adult from the place where the vulnerable adult is residing or staying if the Director 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).

(2) Where a donee or deputy is appointed for the vulnerable adult mentioned in subsection (1)(b), the Director or a protector may remove the vulnerable adult without the consent of the vulnerable adult’s donee or deputy.

(3) Subsection (2) applies whether the donee or deputy is appointed before, on or after the date of commencement of that subsection.

(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 or a protector, make an order authorising the Director 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