PROTECTION OF ADULTS IN SITUATIONS OF VULNERABILITY ACT

VULNERABILITY

CHAPTER 659

PROTECTION OF ADULTS IN SITUATIONS OF

VULNERABILITY ACT

AN ACT to provide for the safeguarding of adults, in particular adults

with a disability, including older adults, who due to finding themselves

in a situation of vulnerability, are unable to protect themselves from

harm, abuse, or neglect and to effect consequential amendments in the

Convention on the International Protection of Adults (Ratification)

Act, Cap. 633.

*

ACT XIV of 2026.

(1)

The short title of this Act is the Protection of Adults

in Situations of Vulnerability Act.

(2)

This Act shall come into force on such date or dates as the

Minister responsible for the rights of persons with disability may by

notice in the Gazette establish, and different dates may be so

established for different provisions and, or purposes of this Act.

For the purposes of this Act, unless the context otherwise

requires

"abuse" means any offensive treatment, whether

physical, sexual, mental, emotional, psychological, material or

any combination thereof, that causes or is reasonably likely to

cause the victim grievous physical or psychological harm or

material loss to his estate, including acts or threats of physical

or sexual violence, acts that violate sexual integrity, degrading

or humiliating conduct, repeated insults, ridicule, name calling,

emotional threats, deception, manipulation, invasion of privacy,

limitation of liberty, denial of care, elder abuse, abuse of

mandate or of powers of representation, and economic abuse

through financial exploitation, deprivation of financial

resources or disposal of assets and property, whether by persons

within close networks, such as family members, friends,

support persons, personal assistants or caregivers, or otherwise

by other third parties;

"adult" means a person who has attained the age of

majority in terms of article 188 of the Civil Code

Provided that any minor who would have

acquired legal capacity before the age of majority in terms of

any law in force governing his personal status shall also be

*Not yet in force.

VULNERABILITY

considered to be an adult for the purposes of this Act;

"adult in a situation of vulnerability" means any adult

with disability, including any older person, who due to the

specific circumstances surrounding his disability is unable to

take care of himself or unable to protect himself against harm or

exploitation, in the short term or in the longer term;

"assistance" means assistance provided in accordance

with article 17;

"conduct" means neglect and other failures to act;

"Director" means the Director responsible for the

Directorate for Disability Issues, established in terms of article

5(1) of the United Nations Convention on the Rights of Persons

with Disabilities Act who shall be answerable to the Permanent

Secretary, and any person engaged in terms of article 4(2) when

so delegated to act in the name and representation of the

Director by the said Director;

"disability" shall have the same meaning assigned to it

in article 2(1) of the United Nations Convention on the Rights

of Persons with Disabilities Act, and shall, for the purposes of

this Act, include any older adult ;

"Emergency Intervention Order" means an order made

in accordance with article 26;

"harm" means all harmful conduct or lack of appropriate

action leading to harm and, in particular, includes

(a)

physical harm,

(b)

psychological harm (such as fear, alarm or

distress),

(c)

misappropriation or mismanagement of

property, rights or interests (such as theft, fraud,

embezzlement or extortion), and

(d)

conduct which causes self-harm;

"health and social care professional" means a

professional registered with the relevant Council under the

Health Care Professions Act or under any other law regulating

other allied health or caring professions, including but not

limited to the professions of midwifery, nursing, social work,

psychology, psychotherapy and counselling, and in the case of

students or trainees, such term shall refer to their direct

supervising officer;

VULNERABILITY

"health care department or authority" means any health

department, health care institution or authority such as

hospitals, local clinics and pharmacies, whether private or

Government owned, including employees thereof who exercise

health functions;

"health records" means records relating to an

individual’s physical or mental health which have been made by

or on behalf of a health and social care professional in

connection with the care of the individual;

"in need of assistance" means, in relation to an adult,

requiring assistance to

(a)

provide or arrange for adequate care for

oneself or one’s estate; or

(b)

protect oneself against abuse or neglect,

due to infirmity, whether physical or mental;

"in need of protection" means, in relation to an adult,

requiring protective intervention to maintain the safety and

wellbeing of the adult or preserve the adult’s estate because,

due to infirmity, whether physical or mental, the adult

(a)

is unable to provide or arrange for

adequate care for himself or his estate; or

(b)

is experiencing and is unable to protect

himself against abuse or neglect;

"Individualised Support Plan" means a plan of proposed

assistance or protective intervention, developed following the

concept of person-centred planning, in accordance with article

16;

"investigation" means an investigation carried out by the

Director, in accordance with article 11, to determine whether an

adult is in need of assistance or protection;

"Minister" means the Minister responsible for the rights

of persons with disability;

"Ministry" means the Ministry responsible for the rights

of persons with disability;

"neglect" means a lack of or failure to provide necessary

care, assistance, guidance or attention which causes or is

reasonably likely to cause the victim severe physical or

psychological harm or severe deterioration in mental health

status or significant material loss to his estate;

VULNERABILITY

"older person" shall have the same meaning assigned to

it in article 2 of the Commissioner for Older Persons Act;

"Permanent Secretary" means the Permanent Secretary

within the Ministry responsible for the rights of persons with

disability;

"personal assistant" shall have the same meaning

assigned to it in article 2 of the Personal Assistance Act;

"Personal Autonomy Safeguards Board" means the same

Board set up by article 519A of the Code of Organization and

Civil Procedure;

"Personal Autonomy Safeguard Order" means an order

made in accordance to article 519E of the Code of Organization

and Civil Procedure;

"place of residence" means the home, the establishment

or premises within which an adult in a situation of vulnerability

resides, whether permanently or temporarily, under any title

whatsoever;

"protective intervention" shall have the same meaning

assigned to it in article 19;

"Protective Intervention Order" or "Order" shall have

the same meaning assigned to it in article 19;

"Register" means the Protection of Adults in Situations

of Vulnerability Register established by article 38;

"Registrar" means the Registrar, Criminal Courts and

Tribunals;

"Regulation (EU) 2016/679" means Regulation (EU)

2016/679 of the European Parliament and of the Council of 27

April 2016 on the protection of natural persons with regard to

the processing of personal data and on the free movement of

such data, and repealing Directive 95/46/EC (General Data

Protection Regulation);

"social enterprise organisation" means a social

enterprise organisation in accordance with article 3 of the

Social Enterprise Act;

"support person" shall have the same meaning assigned

to it in article 188B of the Civil Code;

"voluntary organisation" means a voluntary organisation

in accordance with article 3 of the Voluntary Organisations Act.

VULNERABILITY

The scope of this Act is

(a)

to provide or arrange for the assistance of an adult

who is in need thereof; and

(b)

to provide protective intervention for any adult

who is in need of protection.

PART I

OF THE DIRECTOR RESPONSIBLE FOR THE

SAFEGUARDING OF ADULTS IN SITUATIONS OF

VULNERABILITY

(1)

There shall be a Director responsible to assist and

protect adults in situations of vulnerability.

(2)

In fulfilling his role in accordance with this Act the Director

shall be assisted by, and work alongside a number of officers, who shall

have adequate relevant professional knowledge and, or training, as

described in article 12(3), and shall, together with such officers, or

through delegation or assignment to such officers, exercise and perform

all powers, functions and duties vested in the said Director in

accordance with this Act.

(3)

The Director shall, in the exercise of his functions in terms

of this Act, as and when necessary, consult with the Commissioner for

the Rights of Persons with Disability established by the Equal

Opportunities (Persons with Disability) Act and, or the Commissioner

for Older Persons established by the Commissioner for Older Persons

Act and, or the Commissioner for the Promotion of Rights of Persons

with Mental Disorders established by the Mental Health Act and, or

any other entity or authority as he deems fit.

(4)

In the exercise and performance of the powers, functions

and duties delegated or assigned to them as aforesaid, the officers of

the Director shall, unless otherwise specified, have the same

obligations and enjoy the same protection and privileges as are

imposed on or given to the Director by law.

(5)

In the exercise and performance of their powers, functions

and responsibilities, the Director and the officers referred to in sub-

article (2) may request the assistance of the Executive Police in

accordance with the Police Act, whenever they deem it necessary.

Without prejudice to the functions which may be assigned to

him by this Act, or by any other laws or regulations, the primary

function of the Director shall be to investigate any alleged harm or risk

of harm to an adult in a situation of vulnerability and to take such

action as may be considered appropriate for the protection of such

person. For these purposes, the Director shall

VULNERABILITY

(a)

always ascertain the will and preferences of the

adult in a situation of vulnerability who is at risk, respect his

rights, and make every effort to address the adult’s needs and

interests by

(i)

making real, considerable and pertinent

efforts to obtain an expression of will and preferences

from the adult;

(ii)

providing him with relevant measures

ensuring accessibility and reasonable accommodation;

(iii) conducting matters in an age-appropriate

and gender-sensitive manner, with full respect for other

intersecting characteristics such as a person’s cultural or

religious background;

(iv) not exerting any undue influence on the

said adult, while collaborating with others involved in

the protection of the adult who is at risk

Provided that where obtaining a determination of

the adult’s will and preferences is not practicable, the

Director shall instead make a best interpretation of said

will and preferences, also taking into account the past

statements, values, beliefs and life history of the adult;

(b)

enquire about whether any action taken in relation

to the adult in a situation of vulnerability who is at risk is

appropriate, ensuring that the adult is heard, in accordance with

article 13, in such process;

(c)

provide guidance for the family, other significant

persons, support persons and personal assistants of the adult in

a situation of vulnerability who is at risk, including relevant

prevention strategies, in line with the contents of Section A of

the Fifth Schedule to the United Nations Convention on the

Rights of Persons with Disabilities Act;

(d)

from time to time issue guidelines with respect to

what may constitute significant harm or risk of significant

harm, including relevant prevention strategies, in line with the

contents of Section A of the Fifth Schedule to the United

Nations Convention on the Rights of Persons with Disabilities

Act;

(e)

ex officio file a report with the Executive Police or

otherwise inform the Executive Police following a report

received by such Director, in respect of facts that may lead to

the prosecution of one (1) or more criminal offences that may

VULNERABILITY

affect a person in a situation of vulnerability, whether ex officio

by the said Executive Police, or on the complaint of the injured

party.

The matters and business of the office of the Director,

including its administration and organisation, and organisation and

administrative control of its officers and employees, shall be the

responsibility of the Director.

PART II

GUIDING PRINCIPLES AND OUTREACH

This Act is to be administered in accordance with the

following guiding principles

(a)

an adult shall be entitled to live in the manner he

wishes and to accept or decline assistance offered by the

Director, utilising any safeguards to his personal autonomy

provided for and exercised in terms of the Civil Code where

necessary

Provided that the Director and his office shall,

when offering such assistance, provide age-appropriate and

gender-sensitive advice, that also respects other intersecting

characteristics when addressing vulnerability resulting from

inequalities linked to such characteristics, such as increased

vulnerability of adults with a disability to gender-based

violence;

(b)

an adult who is in need of assistance or protection

should receive the most effective but least restrictive or

intrusive assistance or protective intervention, as the case may

be;

(c)

in relation to the provisions of assistance or

protective intervention to an adult who is in need of assistance

or protection, the paramount consideration shall be to ascertain

the will and preferences of the adult, while making every effort

towards addressing and respecting the adult’s rights, needs and

interests, while acting in an age-appropriate and gender-

sensitive manner, with full respect for other intersecting

characteristics including a person’s cultural or religious

background

Provided that when obtaining a determination of

the adult’s will and preferences is not practicable, the Director

shall instead make a best interpretation of such will and

preferences, also taking into account the past statements, values,

beliefs and life history of the adult;

VULNERABILITY

(d)

assistance or protective intervention provided to

an adult who is in need of assistance or protection should

address the specific needs of the adult and be reviewed and

revisited on a regular basis by the Director, including with

reference to any specific provisions ordered by this Act, in

particular in respect of hearing the adult in accordance with

article 13, in order to be able to address any changes to such

adult’s needs or circumstances.

(1)

The Director shall engage all relevant stakeholders

within the public and private sectors, and within civil society,

including by engaging with persons with disability and older persons

directly, as well as with their representative organisations, to raise

public awareness on the subject-matter of this Act, in particular

addressing

(a)

knowledge about abuse, harm and neglect in

respect of persons in situations of vulnerability in an

intersectional manner;

(b)

the rights of adults in situations of vulnerability;

(c)

modes of support and redress covered by this Act;

(d)

access to early support; and

(e)

the system of character checks and the Register

established by this Act.

(2)

Such information produced as part of the efforts covered by

sub-article (1) shall be made publicly available, in different accessible

formats, and shall include any guidance mentioned in article 5(c) and

guidelines mentioned in article 5(d), including any prevention

strategies linked thereto.

(3)

Any effort aimed at reaching out to and engaging with the

general public, different stakeholders, and actual and potential

beneficiaries, shall be carried out in an accessible manner, following

universal design principles, and factoring in the provision of any

reasonable accommodation necessary.

PART III

REPORTS AND INVESTIGATIONS

(1)

Any person or entity having reasonable grounds for

believing that an adult is in need of assistance or protection, including

the adult himself, utilising any safeguards to his personal autonomy

provided for and exercised in terms of the Civil Code, where

necessary, may report the circumstances to the Director, the Victim

Support Agency or the Executive Police

VULNERABILITY

Provided that any reports received by the Victim Support

Agency or Executive Police shall be forwarded to the Director without

delay.

(2)

While any documentation submitted to the Executive Police

with a report mentioned in sub-article (1) shall also be forwarded to

the Director, the Executive Police shall not otherwise demand specific

supporting documentation, in particular concerning the physical or

mental health or the disability status of a person, and shall not decline

to either register or forward a report due to the absence of such

documentation.

(3)

The Executive Police may also proceed, ex officio or on the

complaint of the injured party, in accordance with the relevant

provisions applicable in respect of prosecuting a particular offence,

should the said report also give rise to prosecution for any one (1) or

more criminal offences

Provided that in such case, the Executive Police shall also

inform the Director and liaise with the said Director for relevant

support in respect of said prosecutions.

(4)

Notwithstanding the provisions of sub-article (1), any

person who, by virtue of his professional employment or occupation in

health care, social services, education, law enforcement, counselling,

residential services or any other field where the person engages in

work with adults in situations of vulnerability, or any entity operating

with these fields has reasonable grounds for believing that an adult is

in need of assistance or protection, shall report the circumstances to

the Director or the Executive Police

Provided that in the case of students or trainees, such

responsibility shall lie with the direct supervising officer of said

students or trainees, after said students or trainees would have

formally notified their relevant direct supervising officer, having

followed specific prescribed procedures in this respect.

(5)

No person shall disclose or be compelled to disclose the

identity of a person or entity filing a report in terms of sub-articles (1)

or (4).

(6)

Any person who or entity which, in good faith, files a report

under sub-articles (1) or (4) or assists in an investigation is not liable

to any civil action with respect to such report or assistance in the

investigation.

(7)

Without prejudice to the provisions of Sub-title XI of Title

VIII of Part II of Book First of the Criminal Code, any person referred

to in sub-article (4), who fails or which fails to file a report, shall be

guilty of an offence and shall be liable, on conviction, to a fine (multa)

not exceeding five thousand euro (€5,000).

VULNERABILITY

(8)

Without prejudice to any other punishment to which the

offender may be liable under any other law, any person who or entity

which, acting maliciously, either makes a false report, or withholds or

conceals information from the Director or the Executive Police, related

to the need for assistance or protection of an adult, shall be guilty of an

offence and shall be liable, on conviction, to imprisonment for a term

of between four (4) months to one (1) year, or to a fine (multa) not

exceeding five thousand euro (€5,000), or to both such fine and

imprisonment.

(1)

The Director shall keep an internal register recording

therein all reports which he receives in terms of the preceding article

Provided that the register shall be kept in a confidential

manner and only accessed by the Director or by persons duly

authorised by the Director.

(2)

The Director shall, within five (5) working days from

receipt of the report, determine, on the basis of the information

provided, whether there is sufficient reason to believe that the adult in

a situation of vulnerability is suffering, or is likely to suffer, significant

harm and the Director shall make such investigations and assessments

as he considers necessary to determine whether the adult in a situation

of vulnerability is in need of assistance and, or protection

Provided that the time limit mentioned shall be shortened, in

line with the provisions of article 26, in cases of emergency

Provided further that if in the opinion of the Director, after

said Director would have consulted relevant health and social care

professionals, and, or other third parties, as necessary, there are no

sufficient reasons to believe that the adult in a situation of

vulnerability is suffering, or is likely to suffer, significant harm, the

Director shall not proceed further on the report and shall state in detail

the reasons for the dismissal

Provided further that such professionals shall have the

knowledge and, or training about the needs and experiences of persons

with disability and, or of older persons, and about different social

identities, including gender, age, sexual orientation or ethnic origin,

which such persons may have.

(3)

The Director shall have thirty (30) working days following

the initial determination made in accordance with sub-article (2), to

conduct the investigations and assessments referred to in sub-article

(2)

Provided that this term may, upon good cause, including the

need to receive reports from abroad, or to complete the process of

gathering evidence from all persons of interest, be extended by the

VULNERABILITY

Director by an additional period of sixty (60) working days.

(1)

Where the Director receives a report in terms of sub-

articles (1) or (4) of article 9, or otherwise has reasonable grounds to

believe that an adult may be in need of assistance or protection, the

Director may ex officio refer the matter to the Joint Committee

established by article 12, in order that the said Committee carries out

an investigation to determine whether the adult is in need of such

assistance or protection.

(2)

An investigation may include an analysis of the adult’s

condition, circumstances and needs, taking into consideration medical,

health, social, residential, financial, vocational, educational and other

factors, the role of any close relationships of the adult, including

family and other significant persons, and the presence of support

persons and, or personal assistants in the adult’s life, when deciding on

the need to support the adult to ensure his safety and well-being and

the protection of his estate and on the best way for guaranteeing such,

together with the adult, any persons supporting him, and any other

relevant stakeholders.

(1)

There shall be constituted a committee, to be known

as the "Joint Committee", which shall conduct investigations in

accordance with this Act, following a reference from the Director, and

assist the Director with the development and implementation of

Individualised Support Plans, determinations on assistance and

relevant reviews.

(2)

The Joint Committee shall be composed of

(a)

the following members sitting ex officio, or of

officials fulfilling comparable roles should relevant

designations change, with such members to be accompanied for

meetings of the committee by experts answerable to them, to

which members may also delegate their seats on the committee

to such experts

(i)

the Director as Chairperson;

(ii)

the Chief Executive Officer of Aġenzija

Sapport;

(iii) the Chief Executive Officer of the

Foundation for Social Welfare Services;

(iv) the Chief Executive Officer of the

Department for Active Ageing and Community Care;

(v)

the Clinical Chair of Mental Health

Services within the Ministry responsible for health; and

VULNERABILITY

(vi) the Chief Executive Officer of the Victim

Support Agency

Provided that any of the above-mentioned

delegates or other experts shall recuse themselves from

any proceedings before the Joint Committee, should they

have assisted, or be at the time assisting in a professional

capacity the person in respect of whom measures under

this Act are being considered

Provided further that other experts may

also be nominated by the members of the Joint

Committee to act as substitutes to the said members or to

the delegates chosen by such members, whenever such

members or their delegates are unavailable, or whenever

any delegate recuses themselves in terms of the

preceding proviso;

(b)

an officer appointed by the Director to act as

Secretary to the Joint Committee.

(3)

The experts referred to in sub-article (2) shall be

knowledgeable and, or trained about

(a)

the needs and experiences of persons with

disability and, or of older persons; and

(b)

different social identities, including gender, age,

sexual orientation or ethnic origin, which such persons may

have, allowing such professionals to be able to better identify

and address situations of vulnerability tied to inequalities

resulting from one’s multiple social identities, including

situations of gender-based violence on individuals with a

disability.

(4)

The Joint Committee shall hold regular meetings at suitable

intervals and shall regulate its own proceedings.

(1)

In conducting an investigation in relation to an adult,

the Joint Committee shall communicate with and interview the adult in

order to be able to better assess the situation of the adult.

(2)

When engaging the adult for the purposes of communicating

with, or interviewing such adult in terms of this article, the Joint

Committee shall ascertain the will and preferences of the adult, while

respecting his rights, by following the requisites listed in article 5(a).

(3)

For the purposes of engaging in such communication or

interviews with the Joint Committee, an adult may be supported by

any one (1) or more persons appointed as support persons for the

purposes of the exercise of personal autonomy by such adult and, or by

VULNERABILITY

any persons acting as personal assistants to that adult.

(4)

For the purposes of engaging in such communication or

interviews, the Joint Committee may be assisted by any one (1) or

more health and social care professionals having the expertise outlined

in article 12(3) as the Committee may deem opportune.

(5)

The adult may request that any one (1) or more health and

social care professionals supporting the adult be heard by the Joint

Committee during the investigation.

(6)

Where the Joint Committee considers that the interests of

justice so require, it shall appoint an advocate for legal aid to assist the

adult during the course of the investigation.

(1)

In conducting an investigation in relation to an adult,

the Joint Committee may

(a)

request that the adult participate in a holistic

functional and needs assessment, following the same

procedures laid out in article 519E of the Code of Organization

and Civil Procedure in such case, however, simply as a

descriptive assessment towards granting assistance or

protection in terms of this Act, and not for diagnostic or other

purposes

Provided that such assessment shall focus on the

causes leading to different situations of vulnerability that a

person may be facing, in order to be able to eventually address

the said causes, without making any assumptions about the

person’s capabilities and, or functional skills;

(b)

interview persons who may have information that

is relevant to the investigation;

(c)

solicit, accept and review reports and

information, which are strictly necessary for the fulfilment of

this Act from

(i)

a health or social care provider or other

person who, or agency that, has provided services to the

adult; or

(ii)

a person who manages the adult’s financial

affairs, business or other assets;

(d)

require a person or agency, including a law

enforcement agency, to provide information or produce records

of documents in such person’s or agency’s possession or control

which, in the opinion of the Joint Committee, may be relevant

to the investigation;

VULNERABILITY

(e)

require the production of medical, financial or

other records regarding the adult.

(2)

For the purpose of sub-article (1) the Joint Committee’s

right to information prevails over every

(a)

claim of confidentiality or privilege, except that

of a lawyer-client privilege, or of the privileged relationship

between the adult themselves and a health and social care

provider, in which case the consent of the adult would be

required, unless obtaining such consent would not be

practicable, in which case the Joint Committee is to apply a best

interpretation determination in respect of such consent; and

(b)

restriction in an enactment or any other law about

disclosure or confidentiality of information.

(3)

Any person who, or agency that, has custody or control of

information that the Joint Committee is entitled to in terms of sub-

article (1) shall provide that information on request.

(1)

Where, during the course of an investigation of a

report on an adult, the Joint Committee reasonably considers it

necessary for the purpose of the conduct of the investigation that a

court order in accordance with sub-article (2) should be obtained, the

Director shall by means of an application before the Court of

Magistrates request the issue of such an order.

(2)

On determining an application filed in terms of sub-article

(1), the Court of Magistrates may make any order the said Court

considers necessary for the purpose of the investigation, including an

order

(a)

allowing the Joint Committee access to the adult

and entry to premises to facilitate that access including ordering

the assistance of the Executive Police;

(b)

requiring the adult to participate in an interview

specified in article 13(1) with the Joint Committee;

(c)

allowing the Joint Committee and, or any further

person involved in conducting an interview under article 13, or

an assessment under 14(1)(a), access to the adult and entry to

premises to facilitate that access;

(d)

prohibiting any person, other than those persons

mentioned in article 13, from being present while the Joint

Committee communicates with or interviews the adult in terms

of article 13; or

(e)

requiring a person to provide the information

VULNERABILITY

referred to in article 14(1).

(1)

The Director shall, on the basis of the conclusions

from an investigation in relation to an adult by the Joint Committee,

where the said conclusions establish that the adult is in need of

assistance or protection, work with the Joint Committee, with the adult

who may also be supported by the persons listed in article 13(3), and

with relevant stakeholders such as those listed in article 9(4), to

develop an Individualised Support Plan for the assistance or protective

intervention, as the case may be, in line with the concept of person-

centred planning.

(2)

In involving the adult in these proceedings, the Director and

the Joint Committee shall follow the procedures outlined in article 13.

PART IV

ASSISTANCE

The Director shall work with the Joint Committee

established under article 12, with the adult receiving assistance, who

may also be supported by the persons listed in article 13(3), and with

relevant stakeholders such as those listed in article 9(4), to arrange for

assistance for an adult where

(a)

the Joint Committee would have concluded, on

the basis of an investigation, that the adult is in need of

assistance;

(b)

the assistance is provided or arranged in

accordance with an Individualised Support Plan, in line with the

concept of person-centred planning; and

(c)

the adult consents for the provision of such

assistance to the fullest extent while utilising any safeguards for

his personal autonomy provided for and exercised in terms of

the Civil Code.

Assistance may include

(a)

facilitating the exercise of the adult’s personal

autonomy, in accordance with article 5(a);

(b)

further assessment and person-centred planning;

(c)

the provision of counselling and other social

work;

(d)

the provision of speech and hearing therapy;

(e)

the provision of occupational therapy and

physiotherapy;

VULNERABILITY

(f)

the provision of respite care and day care;

(g)

socio-recreational

activity

and

vocational

training;

(h)

housekeeping, nutritional and social support

services;

(i)

legal counsel and financial management services;

(j)

request a Personal Autonomy Safeguard Order;

(k)

residential accommodation and personal or

nursing care; and

(l)

any other service that may support the adult’s

safety and well-being

Provided that the Director may at any time file an

application before the Civil Court (Family Section) in terms of article

13(3) of the Civil Code requiring the court to order any person liable

for maintenance, in whatever degree, to supply maintenance, reserving

to such person the right to claim reimbursement from such other

p erson s as, accordin g to t he said ord er, were bo und to pay

maintenance.

PART V

PROTECTIVE INTERVENTION

(1)

Where the Director has reasonable grounds to believe

that an adult is in need of protection, the Director may file an

application before the Court of Magistrates for the issuance of a

Protective Intervention Order for the adult

Provided that the Director shall file a copy of the

investigation conducted and supporting documents with the

application.

(2)

In the interests of expediency the Court shall be assisted by

judicial assistants when considering an application filed in terms of the

sub-article (1), in respect of carrying out relevant functions linked to

the judicial process in terms of article 97A of the Code of Organization

and Civil Procedure, and when deciding on certain matters linked

thereto further to article 97C of the said Code.

(3)

Where after assessing an application filed in accordance with

sub-article (1) the said Court of Magistrates, after having been guided by

the provisions of article 13 in respect of hearing an adult, determines

that such adult is in need of protection, the Court may make an order

under this article for the protective intervention that, in the opinion of

the said Court, best addresses the needs and interests of the adult, while

VULNERABILITY

ensuring compliance with the provisions of articles 5(a) and (b).

(1)

The Court of Magistrates may, with respect to an

adult who is in need of protection, issue a Protective Intervention

Order and may

(a)

direct the provision or arrangement of assistance

for the adult;

(b)

place the adult under the supervision of the

Director, in accordance with the conditions set out in the Order;

or

(c)

direct that the adult be relocated and, if necessary,

placed under the appropriate supervision or care, in accordance

with any conditions set out in the Order

Provided that all these measures shall be

coordinated by the Director together with the Joint Committee,

while respecting existing procedures followed by entities

represented on the said Committee, and with the involvement of

the adult who may also be supported by the persons listed in

article 13(3), and relevant stakeholders such as those listed in

article 9(4).

(2)

Any supervision or care provided in terms of this article

shall not in any way impinge on the legal capacity of the adult, which

shall remain regulated exclusively by the relevant provisions of the

Civil Code.

(3)

The Court of Magistrates may, with respect to a person who

is determined to be a source of harm or danger to an adult who is in

need of protection, make a Protective Intervention Order directing

such person to do one or more of the following

(a)

limit the person’s contact, communication or

involvement with the adult or the adult’s estate as directed by

the court;

(b)

cease from residing at and stay away from the

premises used by the adult as his place of residence, provided

the person is not the owner or person having the title or

possession of the premises;

(c)

refrain from visiting, communicating with,

harassing or interfering with the adult;

(d)

refrain from having any involvement in or

interfering with the adult’s estate;

VULNERABILITY

(e)

provide financially for the maintenance and

support of the adult if the person has a legal obligation to do so

according to the provisions of Sub-title II of Title I of Book

First of the Civil Code or any other law, from time to time in

force, imposing a legal obligation on that person to provide

such maintenance and support.

Saving the provisions of article 27 of the Health Act, or any

other law to the contrary, where the Court of Magistrates has, by

means of a Protective Intervention Order, ordered that an adult who is

in need of protection be subject to supervision by the Director, the

Director ’s involvement, in respect of any treatment decisions

concerning the adult, unless otherwise specified in the Order, shall be

subject to the same obligations and the same powers as would have

been assigned to a support person in terms of the Civil Code.

(1)

Where the Director has reasonable grounds to believe

that an adult is or may be in need of assistance or protection and is

unable to make reasonable judgements with respect to his personal

welfare or estate, the Director may file an application to the Personal

Autonomy Safeguards Board in accordance with article 188A of the

Civil Code.

(2)

Notwithstanding the provisions of sub-article (1), where, in

the circumstances described in the said sub-article the Director has

reasonable grounds to believe that there is considerable risk of

immediate, serious harm to the adult or the adult’s estate, the Director

may file an application for, and the Personal Autonomy Safeguards

Board may issue an order appointing a temporary support person for

the adult while an investigation is ongoing or other actions are taken

pursuant to this Act.

(3)

An order appointing a temporary support person in

accordance with this article shall

(a)

remain in force for a period of not more than one

hundred and eighty (180) days unless otherwise renewed by the

Personal Autonomy Safeguards Board following the request of

the Director; and

(b)

limit the authority of the temporary support

person to matters necessary for the immediate protection of the

adult and the preservation of the adult’s estate

Provided that an order appointing a temporary support

person in accordance with this article may be renewed more than once

Provided further that where it is impossible to identify a

temporary support person, including from the pool established by

article 519GA of the Code of Organization and Civil Procedure, the

Personal Autonomy Safeguards Board shall direct the Director to fulfil

VULNERABILITY

the role of temporary support person, and the said Director shall be

assisted by the officers referred to in article 4(2) in his fulfilment of

such role

Provided further that in respect of the fulfilment of the role

of temporary support persons in terms of the preceding proviso,

hypothecation obligations under article 519H(1) of the Code of

Organization and Civil Procedure shall not be applicable, and any

legal action directed at the temporary support person shall be brought

against the Directorate for Disability Issues, unless it would be in

respect of an offence listed in article 38(1)(a), in which case it shall be

brought directly against the Director or against any officer referred to

in article 4(2) who would be assisting the Director in accordance with

the preceding proviso.

(1)

Where the Director applies for a Protective

Intervention Order under this Act, except under article 26, the Director

shall give at least fifteen (15) days’ notice of the application to the

following

(a)

the adult who is, or may be in need of protection,

to whom the application refers, and in a manner readily

understandable by the adult;

(b)

any person appointed as a support person for the

purposes of the exercise of personal autonomy by that adult;

(c)

any person, other than the adult, who is the

subject of the application.

(2)

An adult who is or may be in need of protection, who can be

assisted by a support person for the purposes of the exercise of his

personal autonomy, as well as personal assistants, and any other

person who is the subject of an application for the issue of a Protective

Intervention Order under this Act is entitled to make submissions

during the proceedings related to that application

Provided that the Court of Magistrates may, if it deems

necessary, request any other person or health and social care

professional having the expertise outlined in article 12(3) to make

submissions in the proceedings, with said submissions, however,

having the purpose of allowing the Director to better act in a manner

that ascertains the adult’s will and preferences and respects his rights,

while acting in an age-appropriate and gender-sensitive manner, with

full respect for other intersecting characteristics including a person’s

cultural or religious background.

(3)

The Court of Magistrates may order that an adult who is in

need of protection, to whom an application for a Protective

Intervention Order in terms of this Act refers, shall have the costs of

legal representation of any proceedings related to the application

VULNERABILITY

covered at the expense of the Director, if it is established that the

expense would be beyond the means of the adult

Provided that any such order in relation to costs shall also

extend to any appeal filed by the adult in terms of article 25(4).

In any application for the issuance of a Protective

Intervention Order the Director shall provide sufficient information to

establish that

(a)

the adult who is the subject of the application is in

need of protection;

(b)

adequate protection is unlikely to be achieved

other than by an Order; and

(c)

the protective intervention proposed is the least

intrusive or restrictive of the practicable remedies available,

and that in providing such protection intervention the Director

ascertains the will and preferences and respects the rights of the

adult in a situation of vulnerability who is at risk, while acting

in an age-appropriate and gender-sensitive manner, with full

respect for other intersecting characteristics including a

person’s cultural or religious background

Provided that when obtaining a determination of

the adult’s will and preferences is not practicable, the Director

shall instead make a best interpretation of such will and

preferences, also taking into account the past statements, values,

beliefs and life history of the adult.

(1)

A Protective Intervention Order shall remain in force

for a maximum period of twelve (12) months.

(2)

The Director shall ensure a review of the conditions and the

need for the continuation of a Protective Intervention Order before the

lapse of such an Order, further to the procedures outlined in article 28.

(3)

The Court of Magistrates, upon an application filed by the

Director before the lapse of a Protective Intervention Order, shall

follow the procedure outlined in article 19(3) in respect of fresh

applications, and determine whether to renew, revoke or otherwise

vary the Order

Provided that in the interests of expediency the provisions

of article 19(2) in respect of the Court being assisted by judicial

assistants shall likewise apply to such review proceedings by the

Court.

(4)

A decision of the Court of Magistrates to issue a Protective

VULNERABILITY

Intervention Order may be appealed before the Court of Appeal

(Inferior Jurisdiction), by any person listed in article 23, in their own

name or in the name of an entity that such person represents, by means

of an application filed within thirty (30) days from the day on which

such Protective Intervention Order shall have been issued

Provided that in case of an action brought by an adult who,

under any provision of law, is incapable of suing or being sued, such

action may be commenced by such adult notwithstanding such

incapacity, and the adult shall also be provided with relevant available

measures ensuring accessibility and reasonable accommodation.

(5)

The Minister, together with the Minister responsible for

justice, may by regulations under this Act establish the fees payable in

the registry of the courts relative to the filing of judicial acts in

connection with appeals to the Court of Appeal in accordance with

sub-article (4)

Provided that until such fees are so established by means of

regulations, the fees contained in Schedule A to the Code of

Organization and Civil Procedure shall apply.

(6)

The board established in accordance with article 29 of the

Code of Organization and Civil Procedure may make rules governing

appeals to the Court of Appeal (Inferior Jurisdiction) in accordance

with sub-article (4).

PART VI

EMERGERNCY INTERVENTION

(1)

Where the Director has reasonable grounds to believe

that there is considerable risk of immediate harm to an adult who is, or

may be in need of protection, the Director may, after informing the

Permanent Secretary and after obtaining an Emergency Intervention

Order from the Court of Magistrates, file an application in the Registry

of the said Court requesting urgently that

(a)

the adult be removed from the source of potential

harm to such place as the Director considers appropriate for the

protection of the adult; or

(b)

the source of the potential harm be, with the

assistance of the Executive Police, removed from the proximity

of the adult.

(2)

Within twenty-four (24) hours after an adult or a source of

potential harm is removed pursuant to sub-article (1), the Director

shall apply for a Protective Intervention Order for the adult in terms of

article 19, unless the Director had previously reversed the actions

taken under sub-article (1)

VULNERABILITY

Provided that if the Court of Magistrates does not accede to

the request made by the Director, no action shall lie against the

Director and, or any person involved, if there were reasonable grounds

to justify the action taken in terms of this article.

PART VII

REVIEW

The Director shall continue to involve an adult who is in

need of, and is receiving assistance, or an adult who is in need of

protection and is the subject of a Protective Intervention Order, and

any persons supporting the adult in relevant processes and listed in

article 13(3), in any actions planned or taken under this Act in relation

to such adult, and shall communicate any information linked to such

actions to that adult in writing and in a manner readily understandable

by the said adult.

(1)

The Director shall cause any Individualised Support

Plan and any assistance or protective intervention to be reviewed in

accordance with a schedule included as part of the Plan or Protective

Intervention Order

(a)

by the Joint Committee;

(b)

assisted by any one (1) or more health and social

care professionals having the expertise outlined in article 12(3);

(c) with the involvement of the adult covered by the

measures in question, who may also be supported by the

persons listed in article 13(3);

(d)

liaising with relevant stakeholders, including

those listed in article 9(4), as necessary; and

(e)

in no case less frequently than every six (6)

months.

(2)

The Director shall cause the carrying out of a review of an

Individualised Support Plan and any assistance or protective

intervention being provided to an adult who is in need of assistance or

protection, as the case may be, further to the provisions of paragraphs

(a) to (d) of sub-article (1), if

(a)

there appears to have been a material change in

the needs or circumstances of the adult; or

(b)

the adult or any person appointed as a support

person for the purposes of the exercise of personal autonomy by

that adult requests a review based on grounds determined to be

reasonable by the Director.

VULNERABILITY

(3)

Where, based on a review made under sub-articles (1) or (2),

the Joint Committee reaches a conclusion that there has been a

material change in the needs or circumstances of the adult, the Director

shall adjust the Individualised Support Plan accordingly and may

apply to the Court of Magistrates to have any Protective Intervention

Order in relation to the adult varied, renewed or revoked.

An adult who is in need of protection and is the subject of a

Protective Intervention Order, or any person appointed as a support

person for the purposes of the exercise of personal autonomy of that

adult, may, at any time based on a material change in the needs or

circumstances of the adult, apply to the Court of Magistrates to have

the Order varied, renewed or revoked

Provided that in case of an action brought by a person who,

under any provision of law, is incapable of suing or being sued, said

action may be commenced by such person notwithstanding such

incapacity, and the said person shall also be provided with relevant

available measures ensuring accessibility and reasonable

accommodation.

An application filed in terms of article 29 shall be served on

any person directly involved or affected, including the Director who

shall have a right to reply to the application within fifteen (15) days

from service of the application.

PART VIII

GENERAL

No action shall lie against a health and social care

professional or institution or its staff for rendering necessary treatment

determined to have been provided in good faith and without

negligence to an adult who is, or may be in need of assistance or

protection.

No person involved in the administration of this Act shall

disclose confidential information collected in the administration of this

Act except, subject to articles 13 and 14

(a)

where authorized by the Director;

(b)

with the consent of the person or persons to

whom the information pertains;

(c)

where required for the administration of this Act;

(d)

in the course of judicial proceedings in terms of

this Act, the Civil Code, the Code of Organization and Civil

Procedure or the Mental Health Act; or

(e)

as otherwise permitted under this Act or any

subsidiary legislation made thereunder.

VULNERABILITY

Any person who

(a)

obstructs or hinders any person who is conducting

an investigation pursuant to this Act;

(b)

fails to comply with the requirements of a

Protective Intervention Order; or

(c)

otherwise contravenes a provision of this Act or

any subsidiary legislation made thereunder, unless the

punishment in respect of such is already specified in the said

Act or subsidiary legislation,

is guilty of an offence and liable, on conviction, to a fine (multa) of

not more than ten thousand euro (€10,000), or to imprisonment for a

term not exceeding six (6) months, or to both such fine and

imprisionment.

The provisions of this Act shall not prejudice or be

construed as limiting, amending, repealing or otherwise altering any

provision of other applicable Acts and regulations including the Civil

Code, Criminal Code, Code of Organization and Civil Procedure,

Gender-Based Violence and Dom estic Violence Act, Equal

Opportunities (Persons with Disability) Act, Mental Health Act,

United Nations Convention on the Rights of Persons with Disabilities

Act, Health Act, Medical and Kindred Professions Ordinance, Health

Care Professions Act, Psychology Profession Act and Social Care

Standards Authority Act, or as exempting any person from any duty or

obligation of care.

PART IX

DATA PROTECTION

(1)

Nothing in this Act shall prejudice the applicability

of Regulation (EU) 2016/679 and the Data Protection Act, including

the regulations made thereunder, and the fundamental rights and

freedoms of the data subjects.

(2)

The Director, acting in his capacity of controller (hereinafter

for the purposes of this Part referred to as the "controller") in terms of

Article 4(7) of Regulation (EU) 2016/679, shall perform the relevant

data processing operations which are limited to the extent needed for

the purposes of this Act, and to what is necessary for and proportionate

to the objectives pursued by the Director.

(3) The processing of personal data, including the processing of

special categories of personal data, for the purposes of this Act shall

VULNERABILITY

fully comply with the principles relating to the processing of personal

data pursuant to Article 5 of Regulation (EU) 2016/679.

(1)

The controller, taking into account the nature, scope,

context and purposes of processing as well as the risks of varying

likelihood and severity for the rights and freedoms of the data subjects,

both at the time of the determination of the means for processing and

at the time of the processing itself, shall implement appropriate

technical and organisational measures, in an effective manner and to

integrate the necessary safeguards into the processing, in order to

protect the rights of the data subjects and to ensure a level of security

appropriate to the risk.

(2)

The data protection officer designated by the controller in

terms of Article 37 of Regulation (EU) 2016/679 shall be involved and

consulted in a duly and timely manner on all issues in relation to the

protection of personal data processed for the purposes of this Act.

(3)

For the purpose of ensuring and to be able to demonstrate

that the processing of personal data is performed in accordance with

the provisions of Regulation (EU) 2016/679, the controller shall

implement the appropriate data protection policies, which policies

shall be periodically reviewed and updated where necessary.

(4)

Access to any personal data, including special categories of

personal data processed for the purposes of this Act, shall be reserved

exclusively to duly authorised staff of the controller. Access shall be

limited to the extent needed for the performance of the Director’s

functions in accordance with the purposes of the Act, and to what is

necessary and proportionate to the objectives pursued in terms of this

Act.

(1)

With respect to all the processing of personal data

pursuant to this Act, every data subject shall have the right of access,

rectification, erasure and restriction, including the right to lodge a

complaint with the Information and Data Protection Commissioner,

the right to compensation and judicial redress as laid down in the Data

Protection Act and Regulation (EU) 2016/679.

(2)

The controller may restrict the rights and obligations

provided for in Articles 14 to 20 and Article 34 of Regulation (EU)

2016/679 in accordance with Article 23 thereof.

(3)

The restrictions under sub-article (2) shall only apply where

these restrictions are considered as a necessary and proportionate

measure for the performance of the functions of the controller pursuant

to this Act, or to protect the vital interests of the adults in need of

assistance or protection, or to effectively preserve the integrity of the

delivery of the professional services provided by the controller to such

persons.

VULNERABILITY

(4)

The data protection officer designated pursuant to Article 37

of Regulation (EU) 2016/679 shall be consulted by the controller as

appropriate and in a timely manner in the entire process of applying the

restriction.

(5)

The controller shall apply the restrictions referred to in sub-

article (3) for as long as the reasons justifying them remain applicable,

following a necessity and proportionality test. The reasons justifying

the restrictions shall be documented and made available to the

Information and Data Protection Commissioner when and as required.

(6)

Where the reasons for a restriction no longer apply, the

controller shall lift the restriction and inform the data subject

concerned accordingly and comply with the rights and obligations

provided for in Articles 14 to 20 and Article 34 of Regulation (EU)

2016/679.

(7)

The controller shall review the application of the restrictions

referred to in this article and depending on the outcome of such review

inform the data subject accordingly.

PART X

CHARACTER CHECKS AND PROTECTION OF ADULTS IN

SITUATIONS OF VULNERABILITY REGISTER

(1)

The Director shall require any individual providing

services specifically aimed at supporting the well-being of adults in

situations of vulnerability, whether or not said services are licensable

in accordance with any legislation, to, prior to entering into

employment with any person or body corporate, including any

registered voluntary organisation, or being engaged as a volunteer by

any such person or body corporate, produce

(a)

a conduct certificate issued in accordance with

article 2 of the Conduct Certificates Ordinance, showing no

recordable convictions in accordance with

(i)

this Act;

(ii)

Title I of Part II of Book First of the

Criminal Code;

(iii) articles 82A to 82E of Title II of Part II of

Book First of the Criminal Code;

(iv) Title V of Part II of Book First of the

Criminal Code;

(v)

Title VI of Part II of Book First of the

Criminal Code;

VULNERABILITY

(vi) article 197 of Sub-title I of Title VII of

Part II of Book First of the Criminal Code;

(vii) Sub-titles II and III of Title VII of Part II

of Book First of the Criminal Code;

(viii) Sub-titles I to VI of Title VIII of Part II of

Book First of the Criminal Code;

(ix) articles 244 and 244A of Sub-title VII of

Title VIII of Part II of Book First of the Criminal Code;

(x)

Sub-titles VIII to XI of Title VIII of Part II

of Book First of the Criminal Code;

(xi) Title IX of Part II of Book First of the

Criminal Code;

(xii)

the

Sex

Trafficking

(Suppression)

Ordinance;

(xiii) the Affirmation of Sexual Orientation,

Gender Identity and Gender Expression Act;

(xiv) the Gender-Based Violence and Domestic

Violence Act; and

(xv)

the Minor Protection (Alternative Care)

Act; or

(b)

comparable documentation issued by the relevant

competent authorities of a foreign jurisdiction, showing no

comparable convictions recorded in said documentation

Provided that no original copies of said

documentation shall be made or retained by the Director, after

having examined said documentation

Provided further that on the date of coming into

force of this article, all individuals referred to in this sub-article

and who are already so engaged as employees or volunteers on

such date, shall, within nine (9) months of this date, likewise be

required to comply with the obligation set out in this sub-article.

(2)

The Director shall also require any individual

wishing to provide services specifically aimed at supporting the

well-being of adults in situations of vulnerability, whether or not

said services are licensable in terms of any legislation, on a self-

employed basis, to likewise produce, prior to commencing any

such self-employed activities

(a)

a conduct certificate issued in accordance

VULNERABILITY

with article 2 of the Conduct Certificates Ordinance,

showing no recordable convictions in terms of

(i)

this Act;

(ii)

Title I of Part II of Book First of the



Criminal Code;

(iii) articles 82A to 82E of Title II of



Part II of Book First of the Criminal Code;

(iv) Title V of Part II of Book First of



the Criminal Code;

(v)

Title VI of Part II of Book First of



the Criminal Code;

(vi) article 197 of Sub-title I of Title VII



of Part II of Book First of the Criminal Code;

(vii) Sub-titles II and III of Title VII of



Part II of Book First of the Criminal Code;

(viii) Sub-titles I to VI of Title VIII of



Part II of Book First of the Criminal Code;

(ix) articles 244 and 244A of Sub-title



VII of Title VIII of Part II of Book First of the

Criminal Code;

(x)

Sub-titles VIII to XI of Title VIII of



Part II of Book First of the Criminal Code;

(xi) Title IX of Part II of Book First of



the Criminal Code;

(xii)

the Sex Trafficking (Suppression)

Ordinance;

(xiii)

the Affirmation of

Sexual

Orientation, Gender Identity and

Gender

Expression Act;

(xiv) the Gender-Based Violence and

Domestic Violence Act; and

(xv) the Minor Protection (Alternative

Care) Act; or

(b)

comparable documentation issued by the

relevant competent authorities of a foreign jurisdiction,

showing no comparable convictions recorded in said

documentation

VULNERABILITY

Provided that no original copies of said

documentation shall be made or retained by the Director

after having examined such documentation

Provided further that on the date of coming

into force of this article all individuals referred to in this

sub-article, and who are already so engaged in self-

employed work on such date, shall, within nine (9)

months from such date, be required to comply with the

obligation set out in this sub-article.

(3)

On having ascertained himself that the requesting

individual, in terms of sub-articles (1) or (2), has not been

convicted of any of the offences listed in said sub-articles, the

Director shall proceed with issuing a clearance certificate in

respect of that person, in terms of this article, following

payment of an indicated fee. The Director shall also transmit a

copy of said certificate to the person or body corporate that

would engage the prospective employee or volunteer in

accordance with sub-article (1), as well as to the Registrar

Provided that the certificate and any copies

thereof may be issued physically and, or digitally, and in both

cases shall contain a two-dimensional machine-readable code

allowing for the verification of the certificate’s authenticity,

validity and integrity, and that the Minister may by regulations

in accordance with this Act also establish technical

specifications with which such physical and, or digital versions

of the certificate and of copies thereof shall comply

Provided further that failure by any individual

employer, or by any person within such a body corporate

responsible for engaging employees or volunteers, to proceed

with such employment or volunteer engagement without said

certificate having been issued in respect of the prospective

employee or volunteer shall constitute an offence, and any such

individual or person shall on conviction be liable to

imprisonment for a term from three (3) months to four (4) years

or to a fine (multa) of not less than two thousand five hundred

euro (€2,500) and not more than fifty thousand euro (€50,000)

or to both such fine and imprisonment

Provided further that the Commissioner for

Voluntary Organisations, in exercise of the powers conferred on

him by article 34 of the Voluntary Organisations Act, or the

Regulator of Social Enterprise Organisations, in exercise of the

powers conferred on him by article 33 of the Social Enterprise

Act, may request that the Director provide them with a copy of

the certificate issued in respect of any employee or volunteer

VULNERABILITY

engaged with a registered voluntary organisation, or with a

registered social enterprise organisation respectively, where

such employee or volunteer, in the opinion of said

Commissioner or Regulator, would be subject to the

requirements of sub-article (1).

(4)

Any prospective or current recipient of self-

employed services referred to in sub-article (2), being provided

by any person mentioned in that sub-article, may, at any time,

request that the Director provide him with a copy of the

certificate issued in accordance with sub-article (3), in respect

of any person providing any self-employed services referred to

in sub-article (2)

Provided that engaging in any such-self-

employed services by any person without having previously

obtained such a certificate shall constitute an offence, and such

person shall on conviction be liable to imprisonment for a term

from three (3) months to four (4) years or to a fine (multa) of

not less than two thousand five hundred euro (€2,500) and not

more than fifty thousand euro (€50,000) or to both such fine

and imprisonment

Provided further that the Commissioner for

Voluntary Organisations, in exercise of the powers conferred on

him by article 34 of the Voluntary Organisations Act, or the

Regulator of Social Enterprise Organisations, in exercise of the

powers conferred on him by article 33 of the Social Enterprise

Act, may request that the Director provide them with a copy of

the certificate issued in respect of any person providing any

self-employed services referred to in sub-article (2) to a

registered voluntary organisation, or to a registered social

enterprise organisation respectively, where such person

providing self-employed services, in the opinion of said

Commissioner or Regulator, would be subject to the

requirements of sub-article (2).

(1)

The Registrar shall maintain a Register within which

there shall be recorded

(a)

the name of any person convicted by a court in

Malta of an offence against

(i)

this Act;

(ii)

Title I of Part II of Book First of the

Criminal Code;

(iii) articles 82A to 82E of Title II of Part II of

Book First of the Criminal Code;

VULNERABILITY

(iv) Title V of Part II of Book First of the

Criminal Code;

(v)

Title VI of Part II of Book First of the

Criminal Code;

(vi) article 197 of Sub-title I of Title VII of

Part II of Book First of the Criminal Code;

(vii) Sub-titles II and III of Title VII of Part II

of Book First of the Criminal Code;

(viii) Sub-titles I to VI of Title VIII of Part II of

Book First of the Criminal Code;

(ix) articles 244 and 244A of Sub-title VII of

Title VIII of Part II of Book First of the Criminal Code;

(x)

Sub-titles VIII to XI of Title VIII of Part II

of Book First of the Criminal Code;

(xi) Title IX of Part II of Book First of the

Criminal Code;

(xii)

the

Sex

Trafficking

(Suppression)

Ordinance;

(xiii) the Affirmation of Sexual Orientation,

Gender Identity and Gender Expression Act;

(xiv) the Gender-Based Violence and Domestic

Violence Act;

(xv)

the Minor Protection (Alternative Care)

Act; and

(b)

the details listed in sub-articles (3) and (4).

(2)

The Registrar shall also enter into the Register the names

and any other relevant details obtained of any person who is a citizen

of Malta, or who is resident in Malta at the time, whether or not said

person is a citizen of Malta, in respect of whom details of a

comparable conviction would have been transmitted by judicial

authorities in a foreign jurisdiction shall have been transmitted to the

Registrar, provided this is permitted by law, and the Registrar shall

also add all supporting documentation received from said authorities

to the Register.

(3)

In respect of any person resident of Malta convicted of an

offence referred to in the preceding sub-articles, the Registrar shall,

within a period of three (3) days from the conviction, enter the

following information on the said person in the Register

VULNERABILITY

(a)

his date of birth;

(b)

his legally valid identification document number

or passport number;

(c)

his name on the date of the conviction and, where

he used one or more other names on that date, each of those

names;

(d)

the address of his place of residence on the date

of the conviction;

(e)

the address of any other premises in Malta where

during relevant court proceedings he indicated as regularly

residing or staying at.

(4)

The Registrar shall continue monitoring any person referred

to in the preceding sub-article and shall also update the Register within

a period of three (3) days in cases where such person

(a)

is using a name other than a name entered into the

Register; or

(b)

has changed his home address; or

(c)

has been released from custody following a court

order or from imprisonment or detention in a hospital.

(5)

Any person listed in the Register shall from the date on

which his details were entered into the said Register onwards, be under

a perpetual interdiction from being engaged in any employment,

volunteering or self-employment referred to in article 38.

(6)

On entering the details into the Register of any individual

previously issued with a clearance certificate by the Director in

accordance with article 38(3), the Registrar shall forthwith also notify

the Director and provide that information which is strictly necessary,

in order that the Director be able to cancel said certificate, and inform

the holder and the relevant individual or body corporate engaging that

individual as employee or volunteer. Such individual or body

corporate shall consequently be obliged to terminate the employment

or voluntary engagement of said individual with immediate effect,

without that individual being entitled to any compensation, where

relevant, other than any remuneration that may be due to him for

services rendered until termination

VULNERABILITY

Provided that when a certificate is cancelled in respect of an

employee or volunteer engaged with a registered voluntary

organisation or with a registered social enterprise organisation, the

Registrar shall also notify the Commissioner for Voluntary

Organisations or the Regulator of Social Enterprise Organisations of

such cancellation. The Registrar shall also provide that information

which is strictly necessary in the case of any subsequent investigation

that might be carried out by the said Commissioner in accordance with

article 34 of the Voluntary Organisations Act, or by the said Regulator

in accordance with article 33 of the Social Enterprise Act, that would

respectively involve a voluntary organisation or a social enterprise

organisation that previously engaged the person in respect of whom

said cancellation had been effected, or of any person who previously

provided any self-employed services to a voluntary organisation or a

social enterprise respectively, and in respect of whom a certificate

would have been likewise cancelled

Provided further that failure by any such individual, or by

any person within such a body corporate acting as employer or

responsible for engaging volunteers, to proceed with such termination,

shall constitute an offence, and such individual or person shall on

conviction be liable to imprisonment for a term from three (3) months

to four (4) years or to a fine (multa) of not less than two thousand five

hundred euro (€2,500) and not more than fifty thousand euro (€50,000)

or to both such fine and imprisonment

Provided further that the Director may, at any point, verify

with the public employment services constituted further to applicable

legislation, as to whether said termination would have been requested

and effected.

(7)

On entering the details into the Register of any person

previously issued with a clearance certificate by the Director in

accordance with article 38(3), and engaged at that time in any self-

employment referred to in article 38(2), the Registrar shall forthwith

also notify the Director and provide that information which is strictly

necessary, in order that the Director be able to inform the holder, who

would be consequently obliged to terminate his registration as a self-

employed person, specifically in respect of any self-employment

referred to in article 38(2), with immediate effect

Provided that failure by any such individual to undertake

relevant steps in order that such termination be effected, shall

constitute an offence and such person shall, on conviction, be liable to

imprisonment for a term from three (3) months to four (4) years or to a

fine (multa) of not less than two thousand five hundred euro (€2,500)

and not more than fifty thousand euro (€50,000) or to both such fine

and imprisonment

Provided further that the Director may, at any time, verify

VULNERABILITY

with the public employment services constituted further to applicable

legislation, as to whether said termination would have been requested

and effected.

PART XI

POWERS OF THE MINISTER

The Minister may make regulations to give better effect to

the provisions of this Act, and for the enforcement thereof and,

without prejudice to the generality of the foregoing, may, by such

regulations, provide

(a)

for any matter consequential, incidental to or

connected with any of the above-mentioned provisions;

(b)

together with the Minister responsible for justice,

for the fees payable in the registry of the courts relative to the

filing of judicial acts in connection with appeals to the Court of

Appeal in accordance with article 25(4);

(c)

for the fee to be paid in respect of the issuance of

a clearance certificate in terms of article 38(3); and

(d)

for the establishment of technical specifications

with which physical and digital versions of the clearance

certificate issued in terms of article 38(3), and any copies

thereof, shall comply.

PART XII

AMENDMENTS TO THE CONVENTION ON THE

INTERNATIONAL PROTECTION OF ADULTS

(RATIFICATION) ACT

In the Convention on the International Protection of Adults

(Ratification) Act

(a)

sub-articles (2) and (3) of article 5 thereof shall

be substituted by the following new sub-articles

"(2) Whenever the Director, of his own initiative or acting

upon a request received from another competent authority, alleges

that an adult is in need of protection within the meaning of Article

8 of the Convention, he may, without prejudice to any other action

with respect to the same matter that is lawfully available, exercise

his functions and powers in accordance with the Protection of

Adults in Situations of Vulnerability Act, in respect of the issuance

of measures directed to the protection of the adult’s person or

property

VULNERABILITY

Provided that the exercise of such functions and powers

in accordance with the Protection of Adults in Situations of

Vulnerability Act shall include the filing of any application before

the Court of Magistrates or the Personal Autonomy Safeguards

Board in terms of the said Act.

(3)

The Director shall, in the exceptional situations

stipulated in Article 11 of the Convention, issue or request the

issuance of measures of a temporary nature for the protection of the

person of an adult referred to in Article 11 of the Convention, in

terms of the Protection of Adults in Situations of Vulnerability

Act.";

(b)

sub-article (2) of article 6 thereof shall be

amended as follows

(i)

the words "made by a court in Malta" shall

be substituted by the words "made by a court or

competent authority in Malta";

(ii)

paragraph (a) thereof shall be substituted

by the following new paragraph

"(a) the Court of Appeal may, on the application of any

person appearing to have an interest in the matter, including the

person to whom the decision relates, or of the Director, declare on

any of the grounds specified in Article 22(2) of the Convention, as

further construed in accordance with the Protection of Adults in

Situations of Vulnerability Act, that the decision is not, in whole or

in part, to be recognized in Malta

Provided that when such an application is filed, it shall

also be notified to the Director and to the person to whom the

decision relates, where the application has not been made by such

Director or person, with these having the right to submit a reply

within fifteen (15) days of service of the application; and";

(iii) in paragraph (b) thereof the words

"competent court in terms of article 7." shall be

substituted by the words "competent court in terms of

article 7:" and immediately thereafter there shall be

added the following new proviso

"Provided that in the event of participation

in proceedings in accordance with this article by a

person who, under any provision of law, is

incapable of suing or being sued, such

participation may nevertheless occur by such

person notwithstanding such incapacity, and the

person shall also be provided with the relevant

measures available to ensure accessibility and

VULNERABILITY

reasonable accommodation.";

(c)

article 7 thereof shall be substituted by the

following new article

7. (1)

An interested person, including the person to

whom the decision relates, or the Director may file an application

for the registration of the decision containing the measures in the

registry of the Court of Appeal

Provided that in the event of participation in proceedings

in accordance with this article by a person who, under any

provision of law, is incapable of suing or being sued, such

participation may nevertheless occur by that person

notwithstanding that incapacity, and the person shall also be

provided with the relevant measures available to ensure

accessibility and reasonable accommodation.

(2)

When such an application is filed, it shall also be

notified to the Director and to the person to whom the decision

relates, where the application has not been made by such Director

or person, with these having the right to submit a reply within

fifteen (15) days of service of the application.

(3)

The Court of Appeal shall refuse to register a decision,

in whole or in part, if it is of the opinion that on any of the grounds

specified in Article 22(2) of the Convention, as further construed in

accordance with the Protection of Adults in Situations of

Vulnerability Act, the decision should not be recognized in

Malta.";

(d) article 8 thereof shall be substituted by the following new

article

8. (1)

Where a decision relating to measures has been

registered according to article 7, the Director shall have the same

powers for the purpose of enforcing the decision, including in

respect of making any relevant request to a competent court or

other competent authority in Malta, as if it had been made or

requested by him in accordance with the Protection of Adults in

Situations of Vulnerability Act.

(2)

Proceedings for or with respect to the enforcement of

any such decision may be taken accordingly in terms of the

Protection of Adults in Situations of Vulnerability Act, or through

any other action with respect to such that is lawfully available.";

(e) in sub-article (2) of article 9 thereof the word "Part" shall be

substituted by the word "Act".