(13) The Director, a delegate under subsection (11), a protector, an approved welfare officer, authorised officer and enforcement officer who, in the course of his or her duty as the Director, delegate, protector, approved welfare officer, authorised officer or enforcement officer (as the case may be), is taken to be a public servant within the meaning of the Penal Code (Cap. 224) when exercising a power under this Act.
Principles
4.—(1) In performing any duty or exercising any power under this Act in relation to a vulnerable adult, the Director and every protector, approved welfare officer and enforcement officer must have regard to the following principles:
- (a) the duty is being performed or the power is being exercised for the purpose of protecting the vulnerable adult from abuse, neglect and self‑neglect;
- (b) a vulnerable adult, where not lacking mental capacity, is generally best placed to decide how he or she wishes to live and whether or not to accept any assistance;
- (c) if a vulnerable adult lacks mental capacity, the vulnerable adult’s views (whether past or present), wishes, feelings, values and beliefs, where reasonably ascertainable, must be considered;
- (d) regard must be had to whether the purpose for which the duty is being performed or the power is being exercised can be achieved in a way that is less restrictive of the vulnerable adult’s rights and freedom of action;
- (e) in all matters relating to the administration or application of this Act, the welfare and best interests of the vulnerable adult must be the first and paramount consideration.
(2) Every relevant support person must have regard to the principles mentioned in subsection (1) when assisting the Director or a protector in the performance or exercise of the Director’s or protector’s duties or powers under this Act or in any other dealing with a vulnerable adult for the purposes of this Act.
