Vulnerable Adults (Review Board) Regulations 2018

These Regulations are the Vulnerable Adults (Review Board) Regulations 2018.

In these Regulations —“caseworker”, in relation to a vulnerable adult committed to a place of temporary care and protection or place of safety, or the care of a fit person that is an organisation, under section 14(1)(a) or (b) of the Act, means a person who assesses the needs of that vulnerable adult and coordinates the provision of services to meet those needs;“Chairperson” means the Chairperson of the Review Board appointed under regulation 3;“head”, in relation to a fit person that is an organisation, means a director, manager or superintendent of that organisation, or any other individual having the management or control of that organisation;“member” means a member of the Review Board;“Review Board” means a review board appointed under section 20 of the Act;“Vice-Chairperson” means the Vice‑Chairperson of the Review Board appointed under regulation 4.

“caseworker”, in relation to a vulnerable adult committed to a place of temporary care and protection or place of safety, or the care of a fit person that is an organisation, under section 14(1)(a) or (b) of the Act, means a person who assesses the needs of that vulnerable adult and coordinates the provision of services to meet those needs;

“Chairperson” means the Chairperson of the Review Board appointed under regulation 3;

“head”, in relation to a fit person that is an organisation, means a director, manager or superintendent of that organisation, or any other individual having the management or control of that organisation;

“member” means a member of the Review Board;

“Review Board” means a review board appointed under section 20 of the Act;

“Vice-Chairperson” means the Vice‑Chairperson of the Review Board appointed under regulation 4.

—(1) The Minister must appoint the Chairperson from among the members of the Review Board.(2) Subject to regulation 4(2), the Chairperson must preside at all meetings of the Review Board.

The Minister must appoint the Chairperson from among the members of the Review Board.

Subject to regulation 4(2), the Chairperson must preside at all meetings of the Review Board.

—(1) The Chairperson must appoint the Vice‑Chairperson from among the members of the Review Board.(2) In the absence of the Chairperson, the Vice‑Chairperson must preside at all meetings of the Review Board and may exercise all the powers of the Chairperson under these Regulations.

The Chairperson must appoint the Vice‑Chairperson from among the members of the Review Board.

In the absence of the Chairperson, the Vice‑Chairperson must preside at all meetings of the Review Board and may exercise all the powers of the Chairperson under these Regulations.

—(1) A member of the Review Board may resign by giving written notice to the Minister.(2) The Minister may at any time revoke the appointment of any member of the Review Board.(3) If a member of the Review Board —(a)dies;(b)resigns;(c)has his or her appointment revoked by the Minister under paragraph (2); or(d)otherwise vacates his or her office before the expiry of the term for which he or she has been appointed, the Minister may appoint any other person to fill the vacancy.

A member of the Review Board may resign by giving written notice to the Minister.

The Minister may at any time revoke the appointment of any member of the Review Board.

If a member of the Review Board —(a)dies;(b)resigns;(c)has his or her appointment revoked by the Minister under paragraph (2); or(d)otherwise vacates his or her office before the expiry of the term for which he or she has been appointed, the Minister may appoint any other person to fill the vacancy.

—(1) The Review Board may meet as often as required, but in any case, it must meet at least once every 12 months.(2) The quorum at every meeting of the Review Board must be 3 members of the Review Board.(3) The Review Board must not transact any business at any meeting unless a quorum is present.(4) Every question coming before or arising at any meeting of the Review Board must be decided by a majority of the members present and voting on the question at the meeting and, in the case of equality of votes, the Chairperson or (in his or her absence) the Vice‑Chairperson has a casting vote.(5) The Review Board is not precluded from holding a meeting or acting in any matter merely by reason of any vacancy in its membership.

The Review Board may meet as often as required, but in any case, it must meet at least once every 12 months.

The quorum at every meeting of the Review Board must be 3 members of the Review Board.

The Review Board must not transact any business at any meeting unless a quorum is present.

Every question coming before or arising at any meeting of the Review Board must be decided by a majority of the members present and voting on the question at the meeting and, in the case of equality of votes, the Chairperson or (in his or her absence) the Vice‑Chairperson has a casting vote.

The Review Board is not precluded from holding a meeting or acting in any matter merely by reason of any vacancy in its membership.

—(1) The Review Board must review, as often as is practicable, the case of every vulnerable adult committed to a place of temporary care and protection or place of safety, or the care of a fit person that is an organisation, under section 14(1)(a) or (b) of the Act, in order to —(a)ensure that a proper care plan has been put in place for the vulnerable adult; and(b)advise the Director-General as to the suitability of the vulnerable adult to be discharged from such place or care at any time before the completion of the period of committal.(2) For the purposes of paragraph (1), the Review Board may —(a)require any of the following persons to attend any meeting of the Review Board:(i)the manager of the place of temporary care and protection or place of safety or the head of the fit person that is an organisation, as the case may be;(ii)any member of the staff of the place of temporary care and protection, place of safety or fit person that is an organisation, as the case may be;(iii)a caseworker of the vulnerable adult mentioned in paragraph (1); and(b)require any of the following persons to provide such information, or submit such number of copies of any record, report or other document, as the Review Board may require:(i)the manager of the place of temporary care and protection or place of safety or the head of the fit person that is an organisation, as the case may be;(ii)a caseworker of the vulnerable adult mentioned in paragraph (1).(3) For the purposes of its review of the care plans for a vulnerable adult mentioned in paragraph (1), the Review Board may require a person mentioned in paragraph (2)(b) to submit a report that contains the following information about that vulnerable adult:(a)the particulars of the vulnerable adult and the vulnerable adult’s immediate family members;(b)the reasons for the committal of the vulnerable adult to the place of temporary care and protection or place of safety or the care of the fit person that is an organisation (as the case may be) and for the vulnerable adult’s continued care in that place or by that person;(c)information on the intervention plans of the place of temporary care and protection, place of safety or fit person that is an organisation (as the case may be) for the vulnerable adult; (d)the progress that has been made with regard to the rehabilitation and care of the vulnerable adult and reintegration with the vulnerable adult’s family;(e)any other information that the Review Board thinks relevant to the review of the case of the vulnerable adult.(4) The Review Board may require a place of temporary care and protection, place of safety or fit person that is an organisation (as the case may be) to refer a case that has been or is being reviewed by the Review Board for a subsequent review at a later date that the Review Board may determine.(5) The following persons must take all reasonable steps to assist every member of the Review Board in the exercise, discharge or performance of the member’s powers, functions and duties under the Act and these Regulations:(a)the manager of a place of temporary care and protection or place of safety or the head of a fit person that is an organisation, as the case may be;(b)a caseworker of a vulnerable adult committed to any place, or the care of the fit person that is an organisation, mentioned in sub-paragraph (a).

The Review Board must review, as often as is practicable, the case of every vulnerable adult committed to a place of temporary care and protection or place of safety, or the care of a fit person that is an organisation, under section 14(1)(a) or (b) of the Act, in order to —(a)ensure that a proper care plan has been put in place for the vulnerable adult; and(b)advise the Director-General as to the suitability of the vulnerable adult to be discharged from such place or care at any time before the completion of the period of committal.

For the purposes of paragraph (1), the Review Board may —(a)require any of the following persons to attend any meeting of the Review Board:(i)the manager of the place of temporary care and protection or place of safety or the head of the fit person that is an organisation, as the case may be;(ii)any member of the staff of the place of temporary care and protection, place of safety or fit person that is an organisation, as the case may be;(iii)a caseworker of the vulnerable adult mentioned in paragraph (1); and(b)require any of the following persons to provide such information, or submit such number of copies of any record, report or other document, as the Review Board may require:(i)the manager of the place of temporary care and protection or place of safety or the head of the fit person that is an organisation, as the case may be;(ii)a caseworker of the vulnerable adult mentioned in paragraph (1).

For the purposes of its review of the care plans for a vulnerable adult mentioned in paragraph (1), the Review Board may require a person mentioned in paragraph (2)(b) to submit a report that contains the following information about that vulnerable adult:(a)the particulars of the vulnerable adult and the vulnerable adult’s immediate family members;(b)the reasons for the committal of the vulnerable adult to the place of temporary care and protection or place of safety or the care of the fit person that is an organisation (as the case may be) and for the vulnerable adult’s continued care in that place or by that person;(c)information on the intervention plans of the place of temporary care and protection, place of safety or fit person that is an organisation (as the case may be) for the vulnerable adult; (d)the progress that has been made with regard to the rehabilitation and care of the vulnerable adult and reintegration with the vulnerable adult’s family;(e)any other information that the Review Board thinks relevant to the review of the case of the vulnerable adult.

The Review Board may require a place of temporary care and protection, place of safety or fit person that is an organisation (as the case may be) to refer a case that has been or is being reviewed by the Review Board for a subsequent review at a later date that the Review Board may determine.

The following persons must take all reasonable steps to assist every member of the Review Board in the exercise, discharge or performance of the member’s powers, functions and duties under the Act and these Regulations:(a)the manager of a place of temporary care and protection or place of safety or the head of a fit person that is an organisation, as the case may be;(b)a caseworker of a vulnerable adult committed to any place, or the care of the fit person that is an organisation, mentioned in sub-paragraph (a).

—(1) This regulation applies where a member of the Review Board (called in this regulation the visiting member) enters, for the purposes of section 20(3)(a) of the Act, a place of temporary care and protection, a place of safety or the premises of a fit person that is an organisation.(2) The Review Board must submit to the Director-General any comment or recommendation by the visiting member in respect of any vulnerable adult committed to the place of temporary care and protection or place of safety or the care of the fit person that is an organisation (as the case may be) that the visiting member visited.

This regulation applies where a member of the Review Board (called in this regulation the visiting member) enters, for the purposes of section 20(3)(a) of the Act, a place of temporary care and protection, a place of safety or the premises of a fit person that is an organisation.

The Review Board must submit to the Director-General any comment or recommendation by the visiting member in respect of any vulnerable adult committed to the place of temporary care and protection or place of safety or the care of the fit person that is an organisation (as the case may be) that the visiting member visited.

A member of the Review Board may visit or interview a parent, guardian, sibling or any other member of the family, or a donee or deputy, of any vulnerable adult committed to a place of temporary care and protection or place of safety or the care of a fit person that is an organisation (as the case may be), only with the prior approval of the Review Board.