Older Persons Act

PUBLISHING DETAILS Commenced: 17th day of July, 2017 PART 1 - PRELIMINARY PART 2 - THE COUNCIL OF OLDER PERSONS PART 3 - THE OLDER PERSONS REGISTER PART 4 - ACCESS TO RIGHTS OF OLDER PERSONS PART 5 - MISCELLANEOUS PROVISIONS ENACTED by the Legislature of the Cayman Islands. PART 1 - PRELIMINARY Short title and commencement (1) This Law may be cited as the Older Persons Law, 2017. (2) This Law shall come into force on such date as may be appointed by Order made by the Cabinet and different dates may be appointed for different provisions of this Law and in relation to different matters. Interpretation In this Law — “access to services” includes the affordability, physical accessibility and the maintenance of an acceptable standard of services provided to older persons and not merely adequacy of supply; “accessible” means easy to approach, attain, reach or enter; “advocacy” means representing older persons toward ensuring their identified needs are appropriately met by the relevant resources; “care” includes the physical, psychological, social or material assistance to an older person, and services aimed at promoting the quality of life and well-being of an older person; “confidential” means to keep private or entrusted matters; “Council of Older Persons” means the entity established under section 3 of the Law which is responsible for monitoring the implementation of the Cayman Islands Older Persons Policy and supporting legislation; “dignity” means the condition of being worthy of respect, esteem and honour; “discrimination” means the treatment or consideration of, or making a distinction in favour of or against a person, based on the group, class, age, or category, to which that person belongs, rather than on individual merit; “equal access” means ensuring older persons have the same opportunities as other members of the society to fully participate in and benefit from programmes, activities, goods and services; “older person” means persons over the age of sixty five years, except where the Law provides for a person who is less than sixty five years to be treated as an “older person” for the purpose of receiving a pension; and “social inclusion” means an act practised in socially inclusive societies where all people feel valued, their differences are respected, and their basic needs are met so they can live in dignity. PART 2 - THE COUNCIL OF OLDER PERSONS (1) There is established a body to be called the Council of Older Persons, having the functions, responsibilities, powers and duties conferred or imposed upon it by this and any other Law. (2) The Schedule has effect with respect to the constitution and procedure of the Council. Functions of the Council (1) The Council shall perform such functions as may be necessary for the purpose of — (a) serving as a referral facility to provide information on services and resources for older persons; (b) advocating for, and monitoring the level of, public education on the changing needs of older persons within the community; aiming to ensure the promotion, implementation, monitoring and evaluation of the policy in relation to older persons; (d) promoting participation, involvement and social inclusion of older persons; and (e) promoting a skills bank of older persons. (2) The Council shall, in carrying out its functions, adopt a consultative approach in relation to the community of older persons and other critical stakeholders. Chairperson and Deputy Chairperson (1) The Chairperson of the Council and the Deputy Chairperson of the Council shall be appointed by the Cabinet, from among the members of the Council who are not public servants. (2) The duties of the Chairperson include — (a) chairing meetings of the Council; (b) instructing the Executive Secretary on behalf of the Council; signing Minutes of meetings of the Council; (d) apprising the Council of matters raised by stakeholders; (e) making best efforts to guide the Council in accordance with relevant legislation and policy; (f) participating in public relations or education campaigns on behalf of the Council and acting as the Council’s spokesperson; and (g) appointing committees comprised of no fewer than three members for specific purposes, in consultation with the other members of the Council. (3) In the case of the absence or inability of the Chairperson to act, the Deputy Chairperson shall perform the duties of the Chairperson. Executive Secretary (1) The Cabinet shall appoint an individual who is a public servant to be the Executive Secretary of the Council but the Executive Secretary shall not be a member of the Council and shall have no right to vote at meetings of the Council. (2) The Executive Secretary shall manage the affairs of the Council in accordance with applicable legislation, Council directives and Council policies. Remuneration of members Each of the members of the Council (if they are not public servants) may receive such remuneration in respect of each meeting attended, and the Chairperson and Deputy Chairperson may receive such additional remuneration, as may be determined by the Cabinet. Immunity Neither the Council, nor any member of the Council, nor the Executive Secretary of the Council, shall be liable in damages for anything done or omitted to be done in the discharge or purported discharge of their respective functions, responsibilities, powers and duties under this Law unless it is shown that the act or omission was negligent or in bad faith. Indemnity The Government shall indemnify a member of the Council and the Executive Secretary against all claims, damages, costs, charges or expenses incurred by that member or the Executive Secretary in the discharge or purported discharge of that member’s or Executive Secretary’s functions, responsibilities, powers and duties under this Law, except claims, damages, costs, charges or expenses caused by the negligence or bad faith of that member. PART 3 - THE OLDER PERSONS REGISTER Older Persons Register

(1) The Council shall maintain a confidential register (to be known as the Older Persons Register) containing the particulars of any older person who requests to be registered. (2) The Register shall be kept in such form, and all entries, alterations and removals of entries shall be made in such manner, as may be prescribed. (3) A person whose name is in the Register shall be issued, in the prescribed manner, with a certificate of registration. Registration or de- registration of an older person

Where — (a) an older person chooses to have their name; or (b) a person who is legally authorised to act on behalf of the older person, chooses to have the name of the older person, entered in the Register or removed from the Register, that older person or the person legally authorised to act on behalf of the older person, shall make an application to the Council in the prescribed manner and such request shall be granted. PART 4 - ACCESS TO RIGHTS OF OLDER PERSONS Access to privileges, interests, benefits and treatment

(1) An older person shall be entitled to the enjoyment of rights, privileges, interests, benefits and treatment as provided in this Law, whether directly, or through contractual, licensing, or other arrangements. (2) The rights of an older person shall be protected from discrimination. Personal liberty

No person shall be deprived of personal liberty or security of the person only on the ground of being an older person. Right to privacy

(1) An older person has a right to private life and family life on an equal basis with persons who are not older persons. (2) An older person shall not be a subject of any research or medical or scientific experimentation without that person’s free and informed consent. Access to justice

An older person shall, in their individual or representative capacity, as the case may be, have the right to — (a) move or appear before any court, tribunal, authority, commission, or any other body having judicial, quasi-judicial or investigative powers, on an equal basis with a person who is not an older person; and (b) receive reasonable accommodations and other support in order to facilitate their effective role as a direct or indirect participant, including as a witness, in all legal proceedings, including at the investigative and other preliminary stages. Political office

An older person shall not, by reason of being an older person, be denied the opportunity to participate in programmes, work or activities that relate to political office, including — (a) the opportunity to vote using procedures, facilities, material and support that are appropriate, accessible and easy to understand and use; and (b) the opportunity to be elected to public office and perform public functions at all levels of government. Public life

An older person shall not, by reason of being an older person, be denied the opportunity to effectively and fully participate in the conduct of public affairs, including forming and joining any organisations at the local, regional, and international levels. PART 5 - MISCELLANEOUS PROVISIONS Obstruction of authorised persons

(1) A person who — (a) assaults or obstructs an authorised person acting in the performance of the authorised person’s lawful functions under this Law; or (b) knowingly gives false or misleading information to the Council or to an authorised person acting in the performance of the authorised person’s functions pursuant to this Law, commits an offence and is liable on summary conviction to a fine of five thousand dollars. (2) In this section “authorised person”, in relation to any act, means a person duly authorised by the Council. Regulations

(1) The Cabinet may make regulations for the better carrying out of this Law and for giving effect thereto and in particular — (a) for prescribing the form of any document authorised or required by this Law to be served, made, issued or done; (b) for any purpose for which regulations are authorised or required to be made under this Law and for prescribing anything that by this Law is required or authorised to be prescribed by regulations; for empowering such persons as may be specified in the regulations to administer or execute the regulations and to make orders, impose requirements or give directions for the purposes of the regulations; (d) for empowering such persons as may be specified in the regulations to take measures, including the entry and inspection of any land or building, to secure compliance with the regulations or any order, requirement or direction made, imposed or given thereunder; and for enabling such persons to recover expenses incurred by them in the exercise of any such power; and (e) for the review of decisions given under the regulations. (2) Any regulation made under this Law may provide for the imposition of a fine of five thousand dollars and imprisonment for six months or both, for any contravention of, or failure to comply with, such regulation. Law binding on Crown

This Law binds the Crown. (Section 3) Composition of Council (1) The Council shall consist of the following members, each of whom shall be appointed by the Cabinet — (a) members who are older persons of varying ages and representative of each district in the Cayman Islands; (b) not less than two members who are from the private sector or who are affiliated with a non-Governmental advocacy or service organisation that works for the rights of older persons, (i) one of whom should be a doctor specialising in Geriatrics or familiar with medical issues relevant to older persons; and (ii) one of whom should be an attorney-at-law qualified to practise in the Cayman Islands and experienced in advising on legal issues relevant to older persons in the Cayman Islands; not less than five ex-officio members who are public servants, comprised of the following — (i) one representative, preferably a social worker, with a minimum experience of five years in managing socioeconomic aspects of older persons in the Cayman Islands; (ii) one representative from the Ministry responsible for Community Affairs; (iii) one representative from the Ministry responsible for Health; and (iv) one representative from the Ministry responsible for each or all of the following: education, employment and gender affairs; and (d) one Executive Secretary. (2) The Cabinet may appoint a designate for each of the members and when necessary that designate shall attend meetings on behalf of the member for whom that designate is appointed. Tenure of office (1) The members of the Council shall hold and vacate office in accordance with the provisions of this Schedule and the terms of their appointment. (2) Each member of the Council shall be appointed by Cabinet for a term of not less than four years and shall be eligible for re-appointment for one further four-year term and the Cabinet shall cause notice of such appointment or reappointment to be published in the Gazette. Resignation (1) A member of the Council may resign office by instrument in writing addressed to the Chairperson via the Executive Secretary and Cabinet shall be informed of the resignation. (2) A resignation shall take effect as from the date of the receipt of the instrument by the Cabinet Secretary. (3) Where any member of the Council resigns, the Cabinet in accordance with this Law, may appoint another person to hold that office until the time that the member’s office would have expired. Revocation of appointments (1) The Cabinet may revoke a person’s appointment as a member of the Council, if — (a) the member has been seriously incapacitated by reason of physical or mental illness; (b) the member has been absent from three consecutive meetings of the Council without the consent of the Chairperson of the Council; the member is otherwise unable or unfit to discharge the duties of a member of the Council; (d) the member is unsuitable to continue as a member of the Council; or (e) a conflict of interest arises in which that member’s membership would bring the Council into disrepute. (2) Where any member of the Council ceases to be a member before the normal expiration of the member’s office, the Cabinet, in accordance with this Law, may appoint another person to hold that office until the time that the member’s office would have expired. Procedure and meetings (1) The Council shall meet a minimum of twelve times per year, but may meet as often as necessary and practical and the Council may decide its own procedures, except so far as its procedures are prescribed by this Law. (2) Members of the Council who are appointed under paragraph 1(1)(a) or (b) shall each have one vote; and decisions of the Council shall be adopted by a simple majority of the votes of the members present and voting except that in the case of an equality of votes the Chairperson shall, in addition to his regular vote, have a casting vote. (3) At every meeting of the Council, a quorum shall consist of a simple majority of eight members. (4) The Council may act notwithstanding that a vacancy exists among the members and in the absence of the Chairperson or Deputy Chairperson, the members present shall elect one of their members to preside as Chairperson at that meeting. (5) The deliberations of the Council shall be confidential but the Council shall cause any decision which affects the members of the public to be published in the Gazette, on a website or in a newspaper of the Islands. (6) If a member of the Council has any personal or pecuniary interest, direct or indirect, in any matter which is to be determined by the Council, the member shall, if present at the meeting of the Council at which such matter is to be determined, as soon as practicable after the commencement thereof, disclose the fact and leave the meeting, and shall not take part in the consideration or discussion of such matter or vote on any question with respect thereto. Passed by the Legislative Assembly the 27th day of March, 2017. Julianna O’Connor-Connolly Speaker. Zena Merren-Chin Clerk of the Legislative Assembly.