{"kind":"expression","expression":{"expr_id":"2333","doc_id":"2333","label":"Companies Management (Amendment) Act, 2024 (Act 12 of 2024)","is_as_enacted":"f","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/bill\/2024\/12\/eng@2024-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/bill\/2024\/12\", \"expression\": \"\/akn\/ky\/bill\/2024\/12\/eng@2024-01-01\", \"manifestation\": \"\/akn\/ky\/bill\/2024\/12\/eng@2024-01-01.pdf\"}, \"pdf\": {\"md5\": \"98abe1ad07c736ceb0b0d1cc35e9cd52\", \"path\": \"\/Users\/q\/kyleg-data\/working\/BILLS\/2024\/2024-0012\/2024-0012.pdf\", \"pages\": 39, \"filename\": \"2024-0012.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 11518, \"paragraph_count\": 18, \"text_char_count\": 70704}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": null, \"doc\": null, \"bill\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"OLDER PERSONS (AMENDMENT) BILL, A BILL FOR AN ACT TO AMEND THE OLDER PERSONS ACT, 2017, IN ORDER TO REVISE THE DEFINITION OF THE TERM \u2018OLDER PERSON\u2019; TO RE-NAME THE COUNCIL OF OLDER PERSONS, INCREASE ITS FUNCTIONS AND CHANGE ITS MEMBERSHIP; TO IDENTIFY A DEPARTMENT WITH RESPONSIBILITY FOR THE SUBJECT OF OLDER PERSONS; TO REMOVE THE REQUIREMENT FOR THE MAINTENANCE OF THE OLDER PERSONS REGISTER; TO INCREASE THE PROTECTION OF THE RIGHTS OF OLDER PERSONS; TO PROVIDE FOR THE NOTIFICATION AND INVESTIGATION OF ABUSE OR NEGLECT OF OLDER PERSONS; TO ENABLE THE ISSUE OF AN INTERVENTION ORDER IN A CASE WHERE AN OLDER PERSON LACKS CAPACITY TO MAKE CERTAIN DECISIONS; TO ESTABLISH THE OLDER PERSONS TRIBUNAL FOR THE PURPOSE OF DETERMINING COMPLAINTS RELATING TO ACCESS TO RIGHTS OF OLDER PERSONS AND REQUIREMENTS IMPOSED ON \u2018MANDATORY REPORTERS\u2019; AND FOR INCIDENTAL AND CONNECTED PURPOSES Introduced PUBLISHING DETAILS Sponsoring Ministry\/Portfolio: Ministry of Investment, Innovation and Social Development (IISD) Older Persons (Amendment) Bill, 2024 Objects and Reasons Introduced Memorandum of OBJECTS AND REASONS This Bill amends the Older Persons Act, 2017 (the \u201cprincipal Act\u201d) to increase protection of the rights of older persons. The Bill re-names the Council of Older Persons (\u201cthe Council\u201d) and expands its functions. Further, the Bill establishes the Older Persons Tribunal (\u201cthe Tribunal\u201d) to determine complaints relating to access to rights of older persons and requirements imposed on \u2018mandatory reporters\u2019 (for example, restrictions on employment, policies and training). In addition, the Bill makes provision for a department (\u201cthe Department\u201d) with responsibility for the subject of older persons to provide for the notification and investigation of abuse or neglect of older persons. Clause 1 provides the short title and commencement of the legislation. Clause 2 provides for general amendments to the principal Act in order to replace references to the \u201cCouncil of Older Persons\u201d with references to the \u201cCouncil for Older Persons\u201d. Clause 3 amends section 2 of the principal Act to insert a number of definitions of terms used in the amending legislation (for example, \u201ceconomic abuse\u201d). In addition, the term \u201colder person\u201d is changed from \u2018a person over the age of sixty-five years\u2019 to \u2018a person who is sixty-five years of age or older\u2019. Clause 4 amends section 3 of the principal Act to re-number the Schedule, since a second schedule is being inserted in the principal Act. Clause 5 amends section 4 of the principal Act to increase the functions of the Council (for example, to include acting as an advisor and advocate with Government agencies to influence policy and planning towards healthy ageing). Clause 6 amends section 5 of the principal Act to expand the duties of the Chairperson of the Council to include developing an annual strategic plan. Clause 7 amends section 6 of the principal Act to enable the appointment of a secretary to the Council, who would conduct administrative duties. These provisions replace those enabling the appointment of an Executive Secretary who manages the affairs of the Council. Clause 8 inserts into the principal Act a proposed new section 7A to impose on the members, and the secretary, of the Council a duty of confidentiality in respect of matters that are before the Council. Clause 9 inserts into the principal Act a proposed new Part 2A containing new sections 9A to section 9G. The proposed new sections provide for the following matters \u2014 \u2022 a Department of Government with responsibility for the subject of Older Persons \u2022 the functions of the Department Objects and Reasons Older Persons (Amendment) Bill, 2024 Introduced \u2022 the duty and powers of the Department to investigate \u2022 the Department\u2019s power to charge fees for providing care and support to older persons \u2022 the Department\u2019s power to request assistance in the exercise of its duties from any person, public authority, non-profit organisation or private entity \u2022 the duty of confidentiality by the Department \u2022 the duty of disclosure of interest by officers of the Department. Clause 10 repeals Part 3 of the principal Act to remove the requirement for the maintenance of the Older Persons Register. Clause 11 inserts into the principal Act proposed new section 17A and section 17B. The new section 17A makes provision for an older person to have access to goods and services, on an equal basis with a person who is not an older person. Section 17B sets out the right of an older person to make decisions. Clause 12 inserts three Parts into the principal Act, namely, Part 4A (notification and investigation of abuse or neglect), Part 4B (intervention orders) and Part 4C (the Older Persons Tribunal). These Parts contain proposed new section 17C to section 17S which provide for the following matters \u2014 \u2022 saving of the Protection from Domestic Violence Act (2021 Revision), so that persons are not exempted from any duty or obligation imposed by that Act \u2022 the prohibition of abuse or neglect of older persons \u2022 a restriction of the employment of a mandatory reporter (as defined in the proposed new section 17F(3)), where the mandatory reporter has been convicted of certain prescribed offences \u2022 a requirement for a mandatory reporter to notify the Department of suspicions of abuse of an older person \u2022 protection from liability for voluntary or mandatory notification of suspicions of abuse of an older person \u2022 the duty of confidentiality in relation to notifications of abuse or neglect of an older person \u2022 provisions indicating that the Department is not obliged to take action in relation to a notification of suspected abuse or neglect of an older person, if the Department is of the view that the information received is insufficient to constitute reasonable grounds for the suspicion \u2022 assessment and investigation of notifications by the Department \u2022 sharing by the Department of information relating to abuse or neglect of an older person \u2022 Intervention Orders for the protection of the property, financial affairs or personal well-being (other than health care) of an older person \u2022 the establishment of the Older Persons Tribunal Older Persons (Amendment) Bill, 2024 Objects and Reasons Introduced \u2022 the mandate of the Tribunal \u2022 the filing of complaints with the Tribunal \u2022 the duties of the Chairperson and Deputy Chairperson of the Tribunal \u2022 the duties of the Secretary of the Tribunal \u2022 the remuneration of the members of the Tribunal \u2022 the protection of the members of the Tribunal from liability in damages for anything done in the discharge of their functions. Clause 13 increases the penalty imposed by section 18 of the principal Act for obstructing persons carrying out lawful functions under the principal Act. Clause 14 inserts into the principal Act proposed new section 18A and section 18B. The new section 18A makes provision for the Rules Committee of the Grand Court to make rules for giving effect to the principal Act. The new section 18B makes provision for appeals of court decisions. Clause 15 of the principal Act renumbers the Schedule as Schedule 1 and varies the composition of the Council. Clause 16 inserts into the principal Act a proposed new Schedule 2 which deals with the Older Persons Tribunal. Schedule 2 makes provision for the following matters \u2014 \u2022 the membership of the Tribunal \u2022 the term of appointment of members of the Tribunal \u2022 the quorum of the Tribunal at meetings \u2022 disclosure of interests \u2022 termination of membership \u2022 vacation of membership \u2022 the duty of confidentiality by the members of the Tribunal. Older Persons (Amendment) Bill, 2024 Arrangement of Clauses Introduced OLDER PERSONS (AMENDMENT) BILL, 2024 Arrangement of Clauses Clause 1.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"General amendments to the Older Persons Act, 2017 - references to \u201cLaw\u201d and \u201cCouncil 3. 4. 5. 6. 7. 8. 9. 10. 11.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Insertion of Parts 4A, 4B and 4C - notification and investigation of abuse or neglect; 13. 14. 15.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Older Persons (Amendment) Bill, 2024 Clause 1 Introduced OLDER PERSONS (AMENDMENT) BILL, 2024 A BILL FOR AN ACT TO AMEND THE OLDER PERSONS ACT, 2017, IN ORDER TO REVISE THE DEFINITION OF THE TERM \u2018OLDER PERSON\u2019; TO RE-NAME THE COUNCIL OF OLDER PERSONS, INCREASE ITS FUNCTIONS AND CHANGE ITS MEMBERSHIP; TO IDENTIFY A DEPARTMENT WITH RESPONSIBILITY FOR THE SUBJECT OF OLDER PERSONS; TO REMOVE THE REQUIREMENT FOR THE MAINTENANCE OF THE OLDER PERSONS REGISTER; TO INCREASE THE PROTECTION OF THE RIGHTS OF OLDER PERSONS; TO PROVIDE FOR THE NOTIFICATION AND INVESTIGATION OF ABUSE OR NEGLECT OF OLDER PERSONS; TO ENABLE THE ISSUE OF AN INTERVENTION ORDER IN A CASE WHERE AN OLDER PERSON LACKS CAPACITY TO MAKE CERTAIN DECISIONS; TO ESTABLISH THE OLDER PERSONS TRIBUNAL FOR THE PURPOSE OF DETERMINING COMPLAINTS RELATING TO ACCESS TO RIGHTS OF OLDER PERSONS AND REQUIREMENTS IMPOSED ON \u2018MANDATORY REPORTERS\u2019; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title and commencement 1. (1) This Act may be cited as the Older Persons (Amendment) Act, 2024. Clause 2 Older Persons (Amendment) Bill, 2024 Introduced (2) This Act 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 Act and in relation to different matters. 2. General amendments to the Older Persons Act, 2017 - references to \u201cLaw\u201d and \u201cCouncil of Older Persons\u201d 2. The Older Persons Act, 2017 (Act 14 of 2017), in this Act referred to as the \u201cprincipal Act\u201d, is amended as follows \u2014 (a) by deleting the word \u201cLaw\u201d wherever it appears and substituting the word \u201cAct\u201d; and (b) by deleting the words \u201cCouncil of Older Persons\u201d wherever they appear and substituting the words \u201cCouncil for Older Persons\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Amendment of section 2 - interpretation 3. The principal Act is amended in section 2 as follows \u2014 (a) by inserting, in the appropriate alphabetical sequence, the following definitions \u2014 \u201c \u201cabandonment\u201d means the purposeful and permanent desertion of an older person; \u201cabuse\u201d, in relation to an older person, means a single or repeated act, or lack of appropriate action, occurring within a relationship where there is an expectation of trust with the older person, which causes harm or distress to the older person, and includes physical abuse, sexual abuse, psychological or emotional abuse, economic abuse, abandonment, neglect, or serious loss of dignity and respect; \u201cactive ageing\u201d means the process of optimizing opportunities for health, security and participation in order to enhance quality of life as individuals age; \u201cage-friendly communities\u201d means communities where age is not a barrier to living well and where the social and physical environments, activities and services encourage inter-generational relationships and support and enable all persons to \u2014 (a) participate in society; (b) live healthy, active and fulfilling lives; and (c) be valued for their contribution; \u201cautonomy\u201d, in relation to older persons, means their freedom to make choices and take control over a range of issues, including where to live, relationships to have, what to wear, how to spend time, and whether to embark on medical treatment; Older Persons (Amendment) Bill, 2024 Clause 3 Introduced \u201ccivil servant\u201d has the meaning assigned by section 2(1) of the Public Servant Management Act (2018 Revision); \u201ccivil servant members\u201d means the members of the Council named in paragraph 1(1)(f) of Schedule 1; \u201cCommissioner of Police\u201d means the person appointed to that position under the Police Act (2021 Revision); \u201ccommunity-based care\u201d means programmes and services which help older persons to live independently or in a facility that provides residential care; \u201ccomplaint\u201d means a complaint filed with the Tribunal under section 17O; \u201cconsent\u201d, in relation to a person to whom an act relates, means any freely given, specific, informed and unambiguous indication of the person\u2019s wishes by which the person, by a statement or by a clear affirmative action, signifies agreement to the act relating to that person; \u201cCouncil Chairperson\u201d means the person appointed under section 5(1) as the Chairperson of the Council; \u201cDepartment\u201d means the department of Government mentioned in section 9A and responsible for the subject of Older Persons; \u201cDepartmental Report\u201d means the report prepared by the Department under section 17J(1); \u201cDeputy Council Chairperson\u201d means the person appointed under section 5(1) as the Deputy Chairperson of the Council; \u201cDeputy Tribunal Chairperson\u201d means the person appointed under section 17P(1) as the Deputy Chairperson of the Tribunal; \u201ceconomic abuse\u201d means \u2014 (a) the deprivation of economic and financial resources of an older person or to which an older person is entitled under any law; (b) the unreasonable deprivation of economic and financial resources which an older person requires out of necessity; (c) behaviour which is intended to exercise coercive control over, exploit or limit an older person\u2019s economic and financial resources; (d) the disposal of household effects or other property that belongs to an older person without the older person\u2019s consent; or (e) the deceiving of an older person in order to access the older person\u2019s economic or financial resources; Clause 3 Older Persons (Amendment) Bill, 2024 Introduced \u201cfunctional ability\u201d means ability that is determined by an individual\u2019s physical and mental capacities as displayed in the physical, social and other environments in which the individual lives; \u201chealth care\u201d has the meaning assigned by section 2 of the Health Care Decisions Act (2022 Revision); \u201chealthy ageing\u201d means developing and maintaining the functional ability that enables well-being in older age; \u201cintervention order\u201d means an order made by the Grand Court under section 17L; \u201cmandatory reporter\u201d means a person so specified in section 17F(3); \u201cMinistry\u201d means the Ministry responsible for social development; \u201cCouncil for Older Persons\u201d or \u201cCouncil\u201d means the entity established under section 3; \u201cneglect\u201d, in relation to an older person, means the lack of provision to the older person of essential care (such as food, clothing, medical aid, lodging and other necessities of life) to the extent of causing or being reasonably likely to cause personal injury or physical pain to, or injury to the mental or physical health of, the older person; \u201cnon-profit organisation\u201d includes a company or body of persons, whether incorporated or unincorporated, or a trust \u2014 (a) established or which identifies itself as established primarily for the promotion of charitable, philanthropic, religious, cultural, educational, social or fraternal purposes, or other activities or programmes for the public benefit or a section of the public within the Islands or elsewhere; and (b) which solicits contributions or raises funds from the public or a section of the public within the Islands or elsewhere; \u201cnotifier\u201d means a person who notifies the Department that the person suspects that an older person has been or is being abused or neglected; \u201cOlder Persons Tribunal\u201d or \u201cTribunal\u201d means the entity established under section 17M; \u201cphysical abuse\u201d means any act or omission which causes or threatens physical injury; \u201cpolice officer\u201d has the meaning assigned by section 2 of the Police Act (2021 Revision); \u201cprivate entity\u201d means a natural or legal person that is not a public authority; Older Persons (Amendment) Bill, 2024 Clause 4 Introduced \u201cpsychological or emotional abuse\u201d, in relation to an older person, includes any verbal or non-verbal act that undermines the older person\u2019s sense of dignity or self-worth and threatens the older person\u2019s psychological well-being; \u201cpublic authority\u201d has the meaning assigned by section 2 of the Data Protection Act (2021 Revision); \u201cregistered practitioner\u201d has the meaning assigned by section 2 of the Health Practice Act (2021 Revision); \u201csafeguarding\u201d means reducing the risk of abuse or neglect in relation to older persons; \u201cself-neglect\u201d means the failure of an older person to provide for the older person\u2019s own basic needs and personal hygiene because of an inability to do so; \u201csexual abuse\u201d means sexual contact of any kind in which force or threat is used to obtain participation in non-consensual sexual activity or coercing an older person to engage in sexual activity against the older person\u2019s will; \u201cTribunal Chairperson\u201d means the person appointed under section 17P(1) as the Chairperson of the Tribunal; \u201cwell-being\u201d means how older persons are faring in all domains of life, including economic, health, social, personal and local environment domains.\u201d; (b) by deleting the respective definitions of the words \u201caccess to services\u201d and \u201cCouncil of Older Persons\u201d; and (c) by deleting the definition of the words \u201colder person\u201d and substituting the following definition \u2014 \u201c \u201colder person\u201d means a person who is sixty-five years of age or older, except where the law provides for a person who is less than sixty-five years of age to be treated as an \u201colder person\u201d for the purpose of receiving a pension;\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Amendment of section 3 - the Council of Older Persons 4. The principal Act is amended in section 3(2) by deleting the words \u201cThe Schedule\u201d and substituting the words \u201cSchedule 1\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Amendment of section 4 - functions of the Council 5. The principal Act is amended in section 4 as follows \u2014 (a) in subsection (1) \u2014 (i) by repealing paragraphs (b) and (c) and substituting the following paragraphs \u2014 Clause 5 Older Persons (Amendment) Bill, 2024 Introduced \u201c(b) advocating for full and effective participation of older persons on an equal basis with persons who are not older persons in the Islands; (c) acting as an advisor and advocate with Government agencies to influence policy and planning towards healthy ageing and agefriendly communities;\u201d; (ii) in paragraph (d), by deleting the word \u201cand\u201d appearing after the semicolon; and (iii) by repealing paragraph (e) and substituting the following paragraphs \u2014 \u201c(e) promoting the dignity, independence and autonomy of older persons; (f) promoting active ageing for older persons; (g) advocating for and championing services, programmes and projects that promote healthy ageing and age-friendly communities; and (h) promoting a better understanding of healthy ageing and raising awareness about the issues and concerns of older persons in the community.\u201d; and (b) by repealing subsection (2) and substituting the following subsections \u2014 \u201c(2) The Council shall, in carrying out its functions \u2014 (a) adopt a consultative approach with the Ministry, older persons in the community, the private sector, civil society partners and other stakeholders; (b) serve as a consultative group with which multisector groups may liaise; (c) promote the advancement of the well-being of older persons; (d) develop partnerships in each district in the Islands with groups that will provide support for advancing the well-being of older persons; (e) provide an annual report to the Cabinet on the achievement of the Council (in following through its identified functions and mandate), and such other reports as may be requested by the Ministry; and (f) engage with international and regional bodies on matters regarding older persons. (3) The Council Chairperson or the Deputy Council Chairperson may, on behalf of the Council, delegate to any member of the Council Older Persons (Amendment) Bill, 2024 Clause 6 Introduced (other than a civil servant) any of the functions conferred upon the Council under this Act.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Amendment of section 5 - Chairperson and Deputy Chairperson 6. The principal Act is amended in section 5(2) as follows \u2014 (a) by repealing paragraph (a) and substituting the following paragraphs \u2014 \u201c(a) managing the affairs of the Council in accordance with this Act and other relevant legislation and policy; (aa) chairing meetings of the Council; (ab) setting the agendas for meetings of the Council;\u201d and (b) by repealing paragraph (e) and substituting the following paragraphs \u2014 \u201c(e) ensuring the Council complies with prescribed Terms of Reference for the Council, and with prescribed policy and procedural guidelines for the management of the Council; (ea) developing an annual strategic plan;\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Repeal of section 6 - Executive Secretary 7. The principal Act is amended by repealing section 6 and substituting the following section \u2014 \u201cAppointment of secretary 6. The Cabinet shall appoint a secretary to the Council who shall conduct administrative duties, including recording and keeping minutes of the meetings and proceedings of the Council, but who shall have no right to vote.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Insertion of section 7A - duty of confidentiality of the Council 8. The principal Act is amended by inserting after section 7 the following section \u2014 \u201cDuty of confidentiality of the Council 7A. (1) The facts and particulars of, or relating to, any matter before the Council shall be treated as confidential by each member of, and the secretary to, the Council and any such facts or particulars shall not be disclosed otherwise than in the proper performance of duties under this Act or in compliance with an order of a court or tribunal of competent jurisdiction, or where required by law. (2) The failure of a member of, or the secretary to, the Council to comply with subsection (1) constitutes sufficient ground for the termination of the appointment of the member or the secretary. Clause 9 Older Persons (Amendment) Bill, 2024 Introduced (3) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of one year, or to both. (4) An allegation of a breach of subsection (1) shall be fully investigated by a police officer. (5) In this section \u2014 \u201ccourt\u201d includes any tribunal, authority or person having power to require the production of documents or the answering of questions; and \u201cproduction\u201d includes permitting access to.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Insertion of Part 2A - Departmental responsibility for the subject of Older Persons 9. The principal Act is amended by inserting after Part 2 the following Part \u2014 \u201cPART 2A - DEPARTMENTAL RESPONSIBILITY FOR THE SUBJECT OF OLDER PERSONS Departmental responsibility for the subject of Older Persons 9A. (1) There shall be a department of Government which shall be maintained by such moneys as shall be paid out of the general revenue of the Islands and which shall be responsible for the subject of Older Persons. (2) Notwithstanding subsection (1), the Director of the Department may, in the Director\u2019s discretion, extend services to an individual who is fifty-five years of age or older but less than sixty-five years of age. Functions of the Department 9B. (1) The Department shall \u2014 (a) identify the changing needs of older persons and make representation to the Ministry on recommendations to address those needs; (b) develop and implement programmes, including those aimed at \u2014 (i) the economic empowerment of older persons; (ii) the establishment of recreational opportunities for older persons; and (iii) fostering age-friendly communities and enhancing healthy ageing of older persons; and Older Persons (Amendment) Bill, 2024 Clause 9 Introduced (c) safeguard and promote the well-being of older persons by providing a range and level of programmes and services appropriate to the needs of the older person. (2) In performing any function or exercising any power under this Act in relation to an older person, the Department shall have regard to the following matters in particular \u2014 (a) the importance of beginning with the assumption that the older person is best-placed to judge the older person\u2019s well-being; and (b) the need to ensure that any restriction on the older person\u2019s rights or freedom of action that is involved in the exercise of the Department\u2019s function is kept to the minimum necessary for achieving the purpose for which the function is being exercised. Duty and powers of the Department to investigate 9C. (1) Where the Department has reasonable cause to suspect that an older person who lives, or is found, in the Islands may be experiencing abuse, neglect or self-neglect the Department shall make, or cause to be made, such enquiries of any person, public authority, non-profit organisation, private entity or mandatory reporter as it considers necessary to enable it to decide whether it should take any action to safeguard the older person. (2) The enquiries shall, in particular, be directed towards establishing whether the Department should exercise any of its powers under this Act, with respect to the older person. (3) For the purposes of making a determination under this section as to the action to be taken with respect to an older person, the Department shall be guided by the wishes of the older person. (4) Where enquiries are being made under subsection (1) with respect to an older person, the Department shall (with a view to enabling it to determine what action, if any, to take with respect to the older person) take such steps as are reasonably practicable \u2014 (a) to obtain access to the older person; or (b) to ensure that access to the older person is obtained, on its behalf, by a person authorised by it for the purpose, unless the Department is satisfied that it already has sufficient information with respect to the older person. (5) Where the Department makes, or causes to be made, any enquiries under subsection (1), a person, public authority, non-profit organisation, private entity or mandatory reporter shall disclose Clause 9 Older Persons (Amendment) Bill, 2024 Introduced information when requested to do so by the Department but may refuse to disclose the information on the grounds that the information requested would be privileged from production in legal proceedings on the ground of legal professional privilege or that the disclosure would be in contempt of court. (6) Where a person, public authority, non-profit organisation, private entity or mandatory reporter refuses to disclose the information requested by the Department, the person, public authority, non-profit organisation, private entity or mandatory reporter shall, within such period as may be specified by the Department, notify the Department in writing of the refusal, and the reasons for the refusal. Costs 9D. The Department may \u2014 (a) charge fees, prescribed by regulations, for providing care and support to older persons or for putting in place arrangements for providing care and support to older persons; and (b) recover from persons prescribed by regulations any expenses reasonably incurred by the Department in the exercise of a power conferred under paragraph (a). Co-operation with Department 9E. (1) Where it appears to the Department that any person, public authority, non-profit organisation or private entity could, by taking any specified action, assist in the exercise of any of the Department\u2019s duties under this Act, the Department may request, from that person, public authority, non-profit organisation or private entity, the provision of specified information or the taking of specified action within the time and in the manner specified. (2) A person, public authority, non-profit organisation or private entity may refuse a request under subsection (1) on the grounds that the information requested would be privileged from production in legal proceedings on the ground of legal professional privilege or that the disclosure would be in contempt of court. Confidentiality by Department 9F. (1) An officer of the Department or a person acting for or under the direction of the head of the Department shall not disclose data or information which \u2014 (a) was obtained by, or furnished to, the officer or the person acting for or under the direction of the head of the Department, for the Older Persons (Amendment) Bill, 2024 Clause 10 Introduced purposes of the performance of their duties and functions under this Act, or in the exercise of their powers under this Act; and (b) is not at the time of the disclosure available to the public through lawful means, unless the disclosure is made with lawful authority. (2) For the purposes of subsection (1), a disclosure of data or information is made with lawful authority where \u2014 (a) the disclosure is for the purposes of an enquiry, investigation or other function of the Department under this Act; or (b) the disclosure relates to a serious threat to the life, health or safety of a person and the disclosure is made to a police officer. (3) Where an officer or a person acting for or under the direction of the head of the Department knowingly or recklessly discloses data or information in contravention of subsection (1), that person commits an offence and is liable \u2014 (a) on summary conviction, to a fine of ten thousand dollars; or (b) on conviction on indictment, to a fine of twenty thousand dollars. Disclosure of interest 9G. If an officer of the Department has any personal or pecuniary interest, direct or indirect, in any matter that arises in carrying out the officer\u2019s functions under this Act \u2014 (a) the officer shall disclose the fact as soon as possible after the relevant circumstances have come to the officer\u2019s knowledge; and (b) at the discretion of the Director, the officer may be excluded from taking part in any consideration or discussion in regard to the matter.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Repeal of Part 3 - the Older Persons Register 10. The principal Act is amended by repealing Part 3.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Insertion of sections 17A and 17B - equal access; decision-making 11. The principal Act is amended by inserting after section 17 the following sections \u2014 \u201cEqual access 17A. (1) Subject to the provisions of any other Act, an older person shall have access to goods, services and programmes promoting social inclusion on an equal basis with a person who is not an older person. Clause 12 Older Persons (Amendment) Bill, 2024 Introduced (2) For the purposes of this Act, a person discriminates against another person on grounds of being an older person if the first-mentioned person makes any distinction, exclusion or preference, the intent or effect of which is to nullify or impair equality of access. (3) Any practice or policy that directly or indirectly results in discrimination against a person on the grounds of being an older person, is an act of discrimination and is prohibited, regardless of whether the person responsible for the practice or policy intended to discriminate. Decision-making 17B. (1) An older person has a right to make decisions and, in relation to that right, the following principles apply \u2014 (a) an older person shall be assumed to have capacity unless it is established that the older person lacks capacity; (b) an older person is not to be treated as unable to make a decision unless all practicable steps to help the older person to do so have been taken without success; and (c) an older person is not to be treated as unable to make a decision merely because the older person makes an unwise decision. (2) For the purposes of subsection (1), an older person lacks capacity in relation to a matter if at the material time the older person is unable to make a decision for himself or herself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain, whether or not the impairment or disturbance is permanent or temporary. (3) A lack of capacity cannot be established merely by reference to \u2014 (a) the older person\u2019s age or appearance; or (b) a condition of the older person, or an aspect of the older person\u2019s behaviour, which might lead others to make unjustified assumptions about the older person\u2019s capacity.\u201d. 12. Insertion of Parts 4A, 4B and 4C - notification and investigation of abuse or neglect; intervention orders; the Older Persons Tribunal 12. The principal Act is amended by inserting after Part 4 the following Part \u2014 Older Persons (Amendment) Bill, 2024 Clause 12 Introduced \u201cPART 4A - NOTIFICATION AND INVESTIGATION OF ABUSE OR NEGLECT Application of the Protection from Domestic Violence Act (2021 Revision) 17C. The provisions of this Act shall not be construed as limiting, amending, repealing or otherwise altering any provision of the Protection from Domestic Violence Act (2021 Revision), or as exempting any person from any duty or obligation imposed by that Act or prohibiting any person from complying with any provision of that Act. Prohibition of abuse or neglect of older person 17D. (1) A person shall not abuse or neglect an older person. (2) A person commits an offence if that person is in a position of trust in relation to an older person and engages in abuse or neglect against the older person. (3) A person who contravenes subsection (2) is liable on \u2014 (a) summary conviction; or (b) conviction on indictment, to imprisonment for a term of twelve years. (4) Notwithstanding sections 6(2) and 8 of the Criminal Procedure Code (2021 Revision), the court of summary jurisdiction or the Grand Court before which an individual pleads guilty or is convicted, shall \u2014 (a) in a case where the individual pleads guilty, impose a sentence of imprisonment for a term of at least five years; or (b) in any other case, impose a sentence of imprisonment for a term of at least seven years, unless the relevant court is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so and such exceptional circumstances shall be stated by the relevant court. (5) For the purposes of this section, a \u201cposition of trust\u201d in relation to an older person includes any position which involves \u2014 (a) a family relationship with the older person; (b) a mandatory reporter; or (c) any other similar special relationship with the older person. Clause 12 Older Persons (Amendment) Bill, 2024 Introduced Restriction of employment of a mandatory reporter 17E.(1) Before a person is appointed to, is employed in or otherwise assumes a position as a mandatory reporter, paid or unpaid, the person shall be subjected to a screening process in accordance with regulations made by the Cabinet. (2) After the screening process referred to in subsection (1), where it is discovered that a person has been convicted of, or served a sentence for, a prescribed offence, the person shall not be appointed to, employed in or otherwise assume a position as a mandatory reporter. (3) Where the circumstances of a person change following the screening process referred to in subsection (1) and those circumstances would, or are likely to, result in the person not being or remaining appointed to, employed in or otherwise in a position as a mandatory reporter, the person shall notify the employer or any other person prescribed by regulations of the relevant change in circumstances. (4) Where an employer or any other relevant person does not conduct the screening process in accordance with the regulations, any person may make a complaint to the Older Persons Tribunal. (5) Where a person is required to make a declaration or provide information under this Act and the person makes a false declaration or provides false or misleading information, the person commits an offence and is liable on summary conviction to a fine of three thousand dollars or to imprisonment for a term of six months, or to both. Notification of abuse or neglect of older person 17F. (1) If a mandatory reporter \u2014 (a) has a reasonable suspicion that an older person \u2014 (i) has been or is being abused or neglected; or (ii) was or is the subject of self-neglect; and (b) the suspicion is formed in the course of the mandatory reporter\u2019s work, the mandatory reporter shall notify the Department of the suspicion as soon as practicable, but no later than twenty-four hours, after the mandatory reporter forms the suspicion. (2) If a person, other than a mandatory reporter, has a reasonable suspicion that an older person \u2014 (a) has been or is being abused or neglected; or (b) was or is the subject of self-neglect, Older Persons (Amendment) Bill, 2024 Clause 12 Introduced he or she may notify the Department of the suspicion as soon as practicable after he or she forms the suspicion. (3) The following persons are mandatory reporters \u2014 (a) a member of the Parliament; (b) a registered practitioner; (c) the administrative staff of medical facilities; (d) the staff of financial institutions and insurance companies; (e) a police officer; (f) a probation officer; (g) an officer of the Department; (h) a social worker; (i) a minister of religion; (j) a person who is an employee of an organisation formed for religious or spiritual purposes; (k) the Council for Older Persons; (l) the Older Persons Tribunal; (m) a Justice of the Peace; (n) a prison officer appointed under the Prisons Act (2021 Revision); (o) the department of Government with responsibility for the land registry; (p) any person who is an employee of an entity as defined in the Public Management and Finance Act (2020 Revision) and being a person who \u2014 (i) is engaged in the actual delivery of services to older persons; or (ii) holds a management position in the relevant entity, the duties of which include direct responsibility for, or direct supervision of, the provision of services to older persons; and (q) any other person who, by virtue of that person\u2019s employment, occupation or voluntary role (paid or unpaid), has a responsibility to discharge a duty of care towards an older person. (4) A notification under this section shall be accompanied by a statement of the observations, information and opinions on which the suspicion is based. Clause 12 Older Persons (Amendment) Bill, 2024 Introduced (5) A person does not exhaust the person\u2019s duty of care to an older person by giving a notification under this section. (6) A person, public authority, non-profit organisation or private entity which appoints persons in positions by virtue of which they are mandatory reporters, paid or unpaid, shall ensure that an appointed mandatory reporter undergoes training in relation to safeguarding within twelve months of the date of commencement of the Older Persons (Amendment) Act, 2024 or within six months following his or her appointment in the role of mandatory reporter, whichever is sooner. (7) A private entity, non-profit organisation or public authority that employs mandatory reporters shall have, and shall provide to every mandatory reporter, a written policy which complies with this Act regarding its safeguarding procedures and its procedures for reporting abuse and neglect of older persons. (8) A person who contravenes this section (other than subsection (6) or (7)) commits an offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of three years or both. (9) The Cabinet may by Order amend the list of persons set out in subsection (3). Protection from liability for voluntary or mandatory notification 17G.A person who, whether voluntarily or pursuant to a requirement of this Act, notifies the Department of a suspicion that an older person has been or is being abused or neglected or provides any information to the Department in respect of such a notification \u2014 (a) shall not, by virtue of doing so, be held to have breached any code of professional etiquette or ethics, or to have departed from any accepted form of professional conduct; and (b) insofar as the person has acted in good faith, incurs no civil or criminal liability in respect of the notification or the provision of the information. Confidentiality of notification of abuse or neglect 17H.(1)  Subject to this section, a person who receives from a notifier a notification of abuse or neglect of an older person, or who otherwise becomes aware of the identity of a notifier, shall not disclose the identity of the notifier to any other person unless the disclosure is made \u2014 Older Persons (Amendment) Bill, 2024 Clause 12 Introduced (a) in the course of official duties to another person acting in the course of official duties; (b) with the consent of the notifier; or (c) by way of evidence adduced in accordance with subsections (2) and (3). (2) Subject to subsection (3) \u2014 (a) no evidence as to the identity of a notifier, or from which the identity of the notifier could be deduced, may be adduced in proceedings before a court without the permission of the court; and (b) unless such permission is granted, a party or witness in those proceedings shall not be asked, and, if asked, shall not be required to answer, any question that cannot be answered without disclosing the identity of, or leading to the identification of, the notifier. (3) A court shall not grant permission under subsection (2) unless \u2014 (a) the court is satisfied that the evidence is of critical importance in the proceedings and that failure to admit it would prejudice the proper administration of justice; or (b) the notifier consents to the admission of the evidence in the proceedings. (4) An application for permission to adduce evidence under subsection (2) \u2014 (a) shall not, except as authorised by the court, be heard and determined in public; and (b) shall be conducted in such a manner as to protect, so far as may be practicable, the identity of the notifier pending the determination of the application. Department not obliged to take action 17I. Subject to section 17J, nothing in this Act requires the Department to take or initiate any action under this Act in relation to a notification of suspected abuse or neglect of an older person, if the Department is satisfied \u2014 (a) that the information or observations on which the notifier formed a suspicion were not, in the opinion of the Department, sufficient to constitute reasonable grounds for the suspicion; or (b) that, while there are reasonable grounds for such a suspicion, proper arrangements exist for the care and protection of the older person and the matter of the apparent abuse or neglect has been or is being adequately dealt with. Clause 12 Older Persons (Amendment) Bill, 2024 Introduced Assessment and investigation of notification by Department 17J.(1) Within three working days of receiving a notification accompanied by a statement under section 17F, the Department shall assess the information in the notification and statement and prepare a Departmental Report about the alleged abuse, neglect or self-neglect of the older person and, after the assessment, the Department may \u2014 (a) refer the notification and the Departmental Report to the Commissioner of Police for such further investigation as the case may require; and (b) inform the older person of the Departmental Report unless, in the opinion of the Department, the information would cause physical or emotional harm to any person, endanger the safety of the older person or prejudice an investigation under paragraph (a). (2) A Departmental Report shall not, so far as practicable, directly or indirectly identify a notifier, unless it is necessary in order for the report to be considered complete. Sharing of Departmental Report by Department 17K. (1) Subject to subsections (3) and (4), the Department may, if it is necessary in the interests of the older person to whom a Departmental Report relates, disclose the Departmental Report, or a portion of the Departmental Report, to a person to whom this section applies. (2) This section applies to \u2014 (a) the older person to whom the Departmental Report relates; (b) a legal guardian of, or a person with power of attorney for, the older person; (c) a person authorised under an intervention order to act or make decisions in relation to the older person; (d) a registered practitioner who is providing care to the older person; (e) an agency responsible for, or authorised to undertake, the care or treatment of the older person or the actual delivery of programmes, services or community-based care to the older person; (f) an attorney-at-law who requires the Departmental Report in connection with a legal matter relating to the older person; (g) a court which has determined that public disclosure of the Departmental Report is necessary for the determination of an issue before it; Older Persons (Amendment) Bill, 2024 Clause 12 Introduced (h) if the older person is deceased, the executor or administrator of the older person\u2019s estate; and (i) a person designated by the older person. (3) Where the Department discloses the Departmental Report, or a portion of the Departmental Report, the older person to whom the Departmental Report relates shall be notified of the disclosure, unless the older person is legally incapacitated or, in the opinion of the Department, the disclosure of the Departmental Report would prejudice an investigation under section 17J(a). (4) A person who receives a Departmental Report, or a portion of a Departmental Report, shall not disclose the identity of the person who notified the Department of the suspected abuse or neglect of the older person to whom the Departmental Report relates, unless the disclosure is made \u2014 (a) in the course of official duties, to another person acting in the course of official duties; or (b) with the consent of the person who notified the Department. PART 4B - INTERVENTION ORDERS Intervention orders 17L. (1) Any person or the Department may make an application to the Grand Court for an intervention order regarding the property, financial affairs or personal well-being (other than health care) of an older person, where it appears that the older person lacks capacity in accordance with section 17B(2) \u2014 (a) to take the action to which the application relates; or (b) to make the decision about the property, financial affairs or personal well-being (other than health care) to which the application relates, and any person or the Department may apply for an intervention order where it appears that an intervention order is necessary for the protection of the property, financial affairs or personal well-being (other than health care) of the older person. (2) An intervention order may \u2014 (a) direct the taking of any action specified in the order; (b) authorise an individual nominated in the application to take such action or make such decision in relation to the property, Clause 12 Older Persons (Amendment) Bill, 2024 Introduced financial affairs or personal well-being (other than health care) of the older person as is specified in the order; and (c) authorise the Department \u2014 (i) to provide such accommodation for an older person; and (ii) to take such action or make such decision in relation to the personal well-being (other than health care) of the older person, as is specified in the order. (3) Anything done under an intervention order shall have the same effect as if done by the older person if the older person had the capacity to do so. (4) An older person who lacks capacity may bring, or make claim in, any proceedings by that older person\u2019s next friend and may defend, make counterclaim or intervene in any proceedings, or appear in any proceedings under a judgment or order, notice of which has been served on that older person, by that older person\u2019s guardian ad litem. PART 4C - THE OLDER PERSONS TRIBUNAL The Older Persons Tribunal 17M.(1) There is established a body to be called the Older Persons Tribunal having the functions, responsibilities, powers and duties conferred or imposed upon it by this and any other Act. (2) Schedule 2 has effect with respect to the constitution and procedure of the Tribunal. (3) Subject to this Act and any Regulations, the Tribunal may determine its procedure. Functions and powers of the Tribunal 17N. (1) The Tribunal shall hear and determine complaints filed with the Tribunal under this Act, in accordance with the procedure set out in the regulations. (2) For the purpose of discharging its functions under this Act, the Tribunal shall have the power to \u2014 (a) compel the production of documents or any other matter or thing from any person, public authority, non-profit organisation or private entity that the Tribunal has reasonable grounds to believe is breaching any relevant provision of this Act; Older Persons (Amendment) Bill, 2024 Clause 12 Introduced (b) issue summonses to compel the attendance of witnesses at the hearing; and (c) examine witnesses on oath, affirmation or otherwise at the hearing. (3) A summons issued by the Tribunal under this section shall be under the hand of the Tribunal Chairperson. (4) A person who \u2014 (a) fails without reasonable excuse to comply with a requirement or a summons under subsection (2); (b) destroys or alters, or causes to be destroyed or altered, any document, or other matter or thing required to be produced under subsection (2); or (c) hinders, obstructs, prevents or interferes with the Tribunal in the exercise of a power under this section, commits an offence and is liable on summary conviction to a fine of five thousand dollars. Complaints 17O.(1) A person may file a complaint with the Tribunal in accordance with the prescribed procedure if the person has reasonable grounds for believing that \u2014 (a) another person, a private entity, a non-profit organisation or a public authority is contravening or has contravened Part 4; (b) another person, a private entity, a non-profit organisation or a public authority is contravening or has contravened section 17E; (c) another person, a private entity, a non-profit organisation or a public authority is contravening or has contravened section 17F(6); or (d) another person, a private entity, a non-profit organisation or a public authority is contravening or has contravened section 17F(7). (2) Where, after a hearing of a complaint, the Tribunal finds that \u2014 (a) the complainant\u2019s allegations or suspicions are substantiated, the Tribunal may, in accordance with the regulations \u2014 (i) issue directions requiring the person, private entity, nonprofit organisation or public authority against whom the complaint was made to take remedial action within a Clause 12 Older Persons (Amendment) Bill, 2024 Introduced specific period, having regard to this Act and any other legislation; and (ii) make an award for costs; or (b) the complaint is frivolous or vexatious or that the complainant\u2019s allegations or suspicions are incorrect or unsubstantiated, the Tribunal may order the complainant to pay the costs incurred by the Tribunal and the person, private entity, non-profit organisation or public authority against whom the complaint was made. (3) A person who fails to comply with a direction, award for costs or order of the Tribunal given pursuant to subsection (2) commits an offence and is liable on summary conviction to a fine of five thousand dollars. Chairperson and deputy chairperson of the Tribunal 17P. (1) The Chairperson of the Tribunal and the Deputy Chairperson of the Tribunal shall be appointed by the Cabinet. (2) The duties of the Tribunal Chairperson include chairing meetings of the Tribunal. (3) In the case of the absence or inability of the Tribunal Chairperson to act, the Deputy Tribunal Chairperson shall perform the duties of the Tribunal Chairperson. Secretary of the Tribunal 17Q.(1) The Cabinet shall appoint an individual who is a civil servant to be the secretary of the Tribunal but the secretary shall not be a member of the Tribunal and shall have no right to vote at meetings of the Tribunal. (2) The secretary shall carry out administrative duties, including recording and keeping minutes of the meetings and proceedings of the Tribunal. Remuneration of members of the Tribunal 17R. Each of the members of the Tribunal (if they are not civil servants) may receive such remuneration in respect of each meeting attended, and the Tribunal Chairperson and Deputy Tribunal Chairperson may receive such additional remuneration, as may be determined by the Cabinet. Older Persons (Amendment) Bill, 2024 Clause 13 Introduced Protection from liability 17S. (1) A member  of the Tribunal shall not be liable in damages for anything done or omitted in the discharge or purported discharge of the member\u2019s functions, responsibilities, powers and duties under this Act unless it is shown that the act or omission was negligent or in bad faith. (2) The Government shall indemnify a member of the Tribunal against all claims, damages, costs, charges or expenses incurred by the member in the discharge or purported discharge of the member\u2019s functions, responsibilities, powers and duties under this Act, except claims, damages, costs, charges or expenses caused by the negligence or bad faith of that member.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Substitution of section 18 - obstruction of authorised persons 13. The principal Act is amended by repealing section 18 and substituting the following section \u2014 \u201cObstruction of authorised persons\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"(1) A person who assaults, obstructs, or knowingly gives false or misleading information to, an authorised person, commits an offence and is liable on summary conviction to a fine of five thousand dollars or to imprisonment for a term of six months, or to both. (2) In this section \u201cauthorised person\u201d, in relation to any act, means a person acting in the performance of that person\u2019s lawful functions under this Act.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Insertion of sections 18A and 18B - rules of court; appeals of court decisions 14. The principal Act is amended by inserting after section 18 the following sections \u2014 \u201cRules of court 18A. (1) The Rules Committee of the Grand Court may make such rules for giving effect to \u2014 (a) this Act; or (b) the provisions of any statutory instrument made under this Act, as appears to the Rules Committee to be necessary or expedient. (2) The rules may, in particular, make provision \u2014 (a) with respect to the procedure to be followed in any relevant proceedings (including the manner in which any application is to be made or other proceedings commenced); Clause 14 Older Persons (Amendment) Bill, 2024 Introduced (b) as to the persons entitled to participate in any relevant proceedings, whether as parties to the proceedings or by being given the opportunity to make representations to the court; (c) with respect to the documents and information to be furnished, and notices to be given, in connection with any relevant proceedings; (d) applying (with or without modification) enactments which govern the procedure to be followed with respect to proceedings brought on a complaint made to a summary court to relevant proceedings in such a court brought otherwise than on a complaint; (e) for the service outside the Islands, in such circumstances and in such manner as may be prescribed, of any notice of proceedings in a summary court; (f) for the exercise by summary courts, in such circumstances as may be prescribed, of such powers as may be prescribed (even though a party to the proceedings in question is or resides outside the Islands); (g) enabling the court, in such circumstances as may be prescribed, to proceed on any application even though the respondent has not been given notice of the proceedings; and (h) authorising a summary court to order any of the parties to such relevant proceedings as may be prescribed, in such circumstances as may be prescribed, to pay the whole or part of the costs of all or any of the other parties. (3) In subsection (2) \u2014 \u201cnotice of proceedings\u201d means a summons or such other notice of proceedings as is required; and \u201cgiven\u201d, in relation to a summons, means \u201cserved\u201d; \u201cprescribed\u201d means prescribed by the rules; and \u201crelevant proceedings\u201d means any application made, or proceedings brought, under any of the provisions mentioned in subsection (1)(a) and (b) and any part of such proceedings. (4) This section is not to be taken as in any way limiting any other power of the Rules Committee of the Grand Court. Appeals of court decisions 18B.(1) Subject to any express provisions to the contrary made by or under this Act, an appeal shall lie to the Grand Court against \u2014 (a) the making by a summary court of any order under this Act; or Older Persons (Amendment) Bill, 2024 Clause 15 Introduced (b) any refusal by a summary court to make such an order. (2) Where a summary court has power, in relation to any proceedings under this Act, to decline jurisdiction because it considers that the case can more conveniently be dealt with by the Grand Court, no appeal shall lie against any exercise by that summary court of that power. (3) On an appeal under this section, the Grand Court may make such orders as may be necessary to give effect to its determination of the appeal. (4) Where an order is made under subsection (3), the Grand Court may also make such incidental or consequential orders as appears to it to be just. (5) Where an appeal from a summary court relates to an order for the making of periodical payments, the Grand Court may order that its determination of the appeal shall have effect from such date as it thinks fit to specify in the order. (6) The date specified under subsection (5) shall not be earlier than the earliest date allowed in accordance with rules of court made for the purposes of this section. (7) Where, on an appeal under this section in respect of an order requiring a person to make periodical payments, the Grand Court reduces the amount of those payments or discharges the order \u2014 (a) it may order the person entitled to the payments to pay to the person making them such sum in respect of payments already made as the Grand Court thinks fit; and (b) if any arrears are due under the order for periodical payments, it may remit payment of the whole, or part, of those arrears. (8) Any order of the Grand Court made on an appeal under this section (other than one directing that an application be re-heard by a summary court) shall, for the purposes \u2014 (a) of the enforcement of the order; and (b) of any power to vary, revive or discharge orders, be treated as if it were an order of the summary court from which the appeal was brought and not an order of the Grand Court. (9) An appeal of any decision made by the Grand Court shall be made to the Court of Appeal.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Amendment of Schedule - the Council of Older Persons 15. The principal Act is amended in the Schedule as follows \u2014 Clause 15 Older Persons (Amendment) Bill, 2024 Introduced (a) by renumbering the Schedule as Schedule 1; (b) by repealing paragraph 1 and substituting the following paragraph \u2014 \u201cComposition of Council 1. (1) The Council shall consist of \u2014 (a) the Council Chairperson, who shall be Caymanian as defined in the Immigration (Transition) Act (2022 Revision); (b) the Deputy Council Chairperson; (c) six members each of whom, at the date of  appointment, is fifty-five years of age or older and representative of each of the following districts in the Cayman Islands \u2014 (i) West Bay; (ii) George Town; (iii) Bodden Town; (iv) North Side; (v) East End; and (vi) Cayman Brac or Little Cayman; (d) a registered practitioner; (e) an attorney-at-law; and (f) six members who are civil servants, being \u2014 (i) the chief officer of the ministry with responsibility for social development or the chief officer\u2019s designate in that ministry; (ii) the chief officer of the ministry with responsibility for health or the chief officer\u2019s designate in that ministry; (iii) the chief officer of the ministry with responsibility for labour or the chief officer\u2019s designate in that ministry; (iv) the chief officer of the ministry with responsibility for gender affairs or the chief officer\u2019s designate in that ministry; (v) the chief officer of the ministry with responsibility for education or the chief officer\u2019s designate in that ministry; and (vi) the Director of the Department or the Director\u2019s designate in the Department. Older Persons (Amendment) Bill, 2024 Clause 15 Introduced (2) The Cabinet shall appoint the members of the Council named in subparagraph (1)(a) to (e). (3) The civil servant members are ex officio members of the Council and have no right to vote.\u201d; (c) in paragraph 2(2) by inserting after the words \u201cof the Council\u201d the words \u201c, other than the civil servant members,\u201d; (d) in paragraph 3(3) by inserting after the words \u201cwould have expired\u201d the words \u201cor for a four-year term\u201d; (e) in paragraph 4 as follows \u2014 (i) by repealing subparagraph (1) and substituting the following subparagraph \u2014 \u201c(1) The Cabinet may terminate the appointment of a member of the Council where the member \u2014 (a) becomes of unsound mind or incapable of carrying out that member\u2019s duties; (b) becomes bankrupt, suspends payment to or compounds with that member\u2019s creditors; (c) is convicted in the Islands or in any other jurisdiction of an indictable offence or an offence involving dishonesty or fraud; (d) commits serious misconduct in relation to that member\u2019s duties; (e) is absent \u2014 (i) in the case of the Deputy Council Chairperson or other member, without leave of the Council Chairperson; or (ii) in the case of the Council Chairperson, without leave of the Ministry, from three consecutive meetings of the Council; (f) fails, without reasonable excuse, to carry out that member\u2019s duties in a reasonable or timely manner; (g) fails to make a disclosure in accordance with paragraph 5(6); or (h) behaves in a manner likely to bring the Council into disrepute.\u201d; and (ii) by repealing subparagraph (2) and substituting the following subparagraph \u2014 Clause 16 Older Persons (Amendment) Bill, 2024 Introduced \u201c(2) Where any member of the Council, other than the civil servant members, ceases to be a member before the normal expiration of the member\u2019s office, the Cabinet, in accordance with this Act, may appoint another person to hold that office until the time that the member\u2019s office would have expired or for a fouryear term.\u201d; and (f) in paragraph 5 as follows \u2014 (i) in subparagraph (1), by deleting the word \u201ctwelve\u201d and substituting the word \u201csix\u201d; (ii) in subparagraph (2), by deleting the words \u201cparagraph 1(1)(a) or (b)\u201d and substituting the words \u201cparagraph 1(1)(a), (b), (c), (d) or (e)\u201d and by inserting after the words \u201cto his\u201d the words \u201cor her\u201d; (iii) in subparagraph (3), by deleting the words \u201ceight members\u201d and substituting the words \u201cmembers other than the civil servant members\u201d; and (iv) by repealing subparagraph (5). 16. Insertion of Schedule 2 - the Older Persons Tribunal 16. The principal Act is amended by inserting after the Schedule, the following Schedule \u2014 \u201cSCHEDULE 2 (section 17M(2)) THE OLDER PERSONS TRIBUNAL Composition of the Tribunal 1. (1) The Tribunal shall consist of the following members, each of whom shall be appointed by the Cabinet \u2014 (a) a chairperson, who shall be Caymanian as defined in the Immigration (Transition) Act (2022 Revision) and an attorneyat-law of at least five years\u2019 experience; (b) a deputy chairperson, who shall be an attorney-at-law of at least three years\u2019 experience; (c) a person with at least three years\u2019 experience in finance; (d) a person who is a member of the Council for Older Persons; and (e) one other person who shall be a person with at least three years\u2019 experience in the disciplines or fields of counselling, psychiatry, psychology, social work or therapy. Older Persons (Amendment) Bill, 2024 Clause 16 Introduced (2) A person shall be disqualified from being a member and is not eligible to be appointed as a member, or having been appointed, is not eligible to continue as a member, if that person is a civil servant. (3) Each member of the Tribunal shall be appointed by Cabinet for a term of not less than three years and shall be eligible for reappointment and the Cabinet shall cause notice of such appointment or reappointment to be published in the Gazette. (4) Where a vacancy exists in the membership of the Tribunal, the Cabinet shall appoint a person to fill the vacancy in accordance with this paragraph. Tenure of office 2. The members of the Tribunal shall hold and vacate office in accordance with this Schedule and the terms of their appointment. Decisions of the Tribunal 3. (1) A decision of the Tribunal shall be by a majority of votes of members present and voting, but the chairperson or the person presiding as such shall not have an original vote, and shall only exercise a casting vote in any case in which the votes are equally divided. (2) At every meeting of the Tribunal, a quorum shall consist of a simple majority of three members. Declaration of interest 4. (1) A member of the Tribunal who is in any way, either directly or indirectly, interested in a matter before the Tribunal shall declare the nature of the member\u2019s interest to the Tribunal at the first instance where it is practicable to do so. (2) Where a member declares an interest under subparagraph (1), the Tribunal shall determine whether or not the member\u2019s interest in the matter, is material and where the Tribunal determines the member\u2019s interest is material, the member shall not sit to hear that particular matter. Revocation 5. The Cabinet shall at any time, in writing, revoke the appointment of a member if, upon evidence, the Cabinet is satisfied \u2014 (a) that the member is disqualified from being a member; (b) that the member is unable to perform the functions of his or her office; (c) that the member is guilty of misconduct; Clause 16 Older Persons (Amendment) Bill, 2024 Introduced (d) that the member has been disqualified or suspended on grounds of misconduct, by a competent authority, from practising a profession; (e) that the member is disqualified on grounds of national security; or (f) that there is any other sufficient cause. Vacation of office 6. (1) The office of a member of the Tribunal is vacated upon the death of the member or if the member is or becomes disqualified. (2) The Cabinet may terminate the appointment of a member of the Tribunal where the member \u2014 (a) becomes of unsound mind or incapable of carrying out that member\u2019s duties; (b) becomes bankrupt, suspends payment to or compounds with that member\u2019s creditors; (c) is convicted in the Islands or in any other jurisdiction of an indictable offence or an offence involving dishonesty or fraud; (d) commits serious misconduct in relation to that member\u2019s duties; (e) is absent from three consecutive meetings of the Tribunal \u2014 (i) in the case of the Deputy Tribunal Chairperson or other member, without leave of the Tribunal Chairperson ; or (ii) in the case of the Tribunal Chairperson, without leave of the Ministry; (f) fails, without reasonable excuse, to carry out that member\u2019s duties in a reasonable or timely manner; (g) fails to make a disclosure of interest; or (h) behaves in a manner likely to bring the Tribunal into disrepute. (3) A member of the Tribunal may resign the office by instrument in writing addressed to the Cabinet. (4) A decision of the Tribunal taken at a hearing is not invalidated merely because there is a vacancy in membership. Older Persons (Amendment) Bill, 2024 Clause 16 Introduced Confidentiality of the Tribunal 7. (1) The facts and particulars of, or relating to, any matter falling for consideration by the Tribunal or any decision of the Tribunal shall be treated as confidential by each member of, and the secretary to, the Tribunal and any such facts or particulars shall not be disclosed otherwise than in the proper performance of duties under this Act or in compliance with an order of a court or tribunal of competent jurisdiction, or where required by law. (2) The failure of a member of, or the secretary to, the Tribunal to comply with subparagraph (1) constitutes sufficient ground for the termination of the appointment of the member or the secretary. (3) A person who contravenes subparagraph (1) commits an offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of one year, or to both. (4) An allegation of a breach of subparagraph (1) shall be fully investigated by a police officer. (5) In this paragraph \u2014 \u201ccourt\u201d includes any tribunal, authority or person having power to require the production of documents or the answering of questions; and \u201cproduction\u201d includes permitting access to.\u201d. Passed by the Parliament the day of , 2024. 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The Bill re-names the Council of Older Persons (\u201cthe\nCouncil\u201d) and expands its functions. Further, the Bill establishes the Older Persons\nTribunal (\u201cthe Tribunal\u201d) to determine complaints relating to access to rights of older\npersons and requirements imposed on \u2018mandatory reporters\u2019 (for example, restrictions on\nemployment, policies and training). In addition, the Bill makes provision for a department\n(\u201cthe Department\u201d) with responsibility for the subject of older persons to provide for the\nnotification and investigation of abuse or neglect of older persons.\nClause 1 provides the short title and commencement of the legislation.\nClause 2 provides for general amendments to the principal Act in order to replace\nreferences to the \u201cCouncil of Older Persons\u201d with references to the \u201cCouncil for Older\nPersons\u201d.\nClause 3 amends section 2 of the principal Act to insert a number of definitions of terms\nused in the amending legislation (for example, \u201ceconomic abuse\u201d). In addition, the term\n\u201colder person\u201d is changed from \u2018a person over the age of sixty-five years\u2019 to \u2018a person who\nis sixty-five years of age or older\u2019.\nClause 4 amends section 3 of the principal Act to re-number the Schedule, since a second\nschedule is being inserted in the principal Act.\nClause 5 amends section 4 of the principal Act to increase the functions of the Council (for\nexample, to include acting as an advisor and advocate with Government agencies to\ninfluence policy and planning towards healthy ageing).\nClause 6 amends section 5 of the principal Act to expand the duties of the Chairperson of\nthe Council to include developing an annual strategic plan.\nClause 7 amends section 6 of the principal Act to enable the appointment of a secretary to\nthe Council, who would conduct administrative duties. These provisions replace those\nenabling the appointment of an Executive Secretary who manages the affairs of the\nCouncil.\nClause 8 inserts into the principal Act a proposed new section 7A to impose on the\nmembers, and the secretary, of the Council a duty of confidentiality in respect of matters\nthat are before the Council.\nClause 9 inserts into the principal Act a proposed new Part 2A containing new sections 9A\nto section 9G. The proposed new sections provide for the following matters \u2014\n\u2022\na Department of Government with responsibility for the subject of Older Persons\n\u2022\nthe functions of the Department\n\nObjects and Reasons\nOlder Persons (Amendment) Bill, 2024\n\nPage 4\n Introduced\nc\n\n\u2022\nthe duty and powers of the Department to investigate\n\u2022\nthe Department\u2019s power to charge fees for providing care and support to older persons\n\u2022\nthe Department\u2019s power to request assistance in the exercise of its duties from any\nperson, public authority, non-profit organisation or private entity\n\u2022\nthe duty of confidentiality by the Department\n\u2022\nthe duty of disclosure of interest by officers of the Department.\nClause 10 repeals Part 3 of the principal Act to remove the requirement for the maintenance\nof the Older Persons Register.\nClause 11 inserts into the principal Act proposed new section 17A and section 17B. The\nnew section 17A makes provision for an older person to have access to goods and services,\non an equal basis with a person who is not an older person. Section 17B sets out the right\nof an older person to make decisions.\nClause 12 inserts three Parts into the principal Act, namely, Part 4A (notification and\ninvestigation of abuse or neglect), Part 4B (intervention orders) and Part 4C (the Older\nPersons Tribunal). These Parts contain proposed new section 17C to section 17S which\nprovide for the following matters \u2014\n\u2022\nsaving of the Protection from Domestic Violence Act (2021 Revision), so that persons\nare not exempted from any duty or obligation imposed by that Act\n\u2022\nthe prohibition of abuse or neglect of older persons\n\u2022\na restriction of the employment of a mandatory reporter (as defined in the proposed\nnew section 17F(3)), where the mandatory reporter has been convicted of certain\nprescribed offences\n\u2022\na requirement for a mandatory reporter to notify the Department of suspicions of\nabuse of an older person\n\u2022\nprotection from liability for voluntary or mandatory notification of suspicions of\nabuse of an older person\n\u2022\nthe duty of confidentiality in relation to notifications of abuse or neglect of an older\nperson\n\u2022\nprovisions indicating that the Department is not obliged to take action in relation to a\nnotification of suspected abuse or neglect of an older person, if the Department is of\nthe view that the information received is insufficient to constitute reasonable grounds\nfor the suspicion\n\u2022\nassessment and investigation of notifications by the Department\n\u2022\nsharing by the Department of information relating to abuse or neglect of an older\nperson\n\u2022\nIntervention Orders for the protection of the property, financial affairs or personal\nwell-being (other than health care) of an older person\n\u2022\nthe establishment of the Older Persons Tribunal\n\nOlder Persons (Amendment) Bill, 2024\nObjects and Reasons\n\nc\n Introduced\nPage 5\n\n\u2022\nthe mandate of the Tribunal\n\u2022\nthe filing of complaints with the Tribunal\n\u2022\nthe duties of the Chairperson and Deputy Chairperson of the Tribunal\n\u2022\nthe duties of the Secretary of the Tribunal\n\u2022\nthe remuneration of the members of the Tribunal\n\u2022\nthe protection of the members of the Tribunal from liability in damages for anything\ndone in the discharge of their functions.\nClause 13 increases the penalty imposed by section 18 of the principal Act for obstructing\npersons carrying out lawful functions under the principal Act.\nClause 14 inserts into the principal Act proposed new section 18A and section 18B. The\nnew section 18A makes provision for the Rules Committee of the Grand Court to make\nrules for giving effect to the principal Act. The new section 18B makes provision for\nappeals of court decisions.\nClause 15 of the principal Act renumbers the Schedule as Schedule 1 and varies the\ncomposition of the Council.\nClause 16 inserts into the principal Act a proposed new Schedule 2 which deals with the\nOlder Persons Tribunal. Schedule 2 makes provision for the following matters \u2014\n\u2022\nthe membership of the Tribunal\n\u2022\nthe term of appointment of members of the Tribunal\n\u2022\nthe quorum of the Tribunal at meetings\n\u2022\ndisclosure of interests\n\u2022\ntermination of membership\n\u2022\nvacation of membership\n\u2022\nthe duty of confidentiality by the members of the Tribunal.\n\nOlder Persons (Amendment) Bill, 2024\nArrangement of Clauses\n\nc\n Introduced\nPage 7\n\nCAYMAN ISLANDS\n\nOLDER PERSONS (AMENDMENT) BILL, 2024\n\nArrangement of Clauses\nClause\nPage\n1.\nShort title and commencement ..................................................................................................9\n2.\nGeneral amendments to the Older Persons Act, 2017 - references to \u201cLaw\u201d and \u201cCouncil\nof Older Persons\u201d..................................................................................................................... 10\n3.\nAmendment of section 2 - interpretation................................................................................... 10\n4.\nAmendment of section 3 - the Council of Older Persons .......................................................... 13\n5.\nAmendment of section 4 - functions of the Council................................................................... 13\n6.\nAmendment of section 5 - Chairperson and Deputy Chairperson ............................................. 15\n7.\nRepeal of section 6 - Executive Secretary ................................................................................ 15\n8.\nInsertion of section 7A - duty of confidentiality of the Council ................................................... 15\n9.\nInsertion of Part 2A - Departmental responsibility for the subject of Older Persons .................. 16\n10.\nRepeal of Part 3 - the Older Persons Register ......................................................................... 19\n11.\nInsertion of sections 17A and 17B - equal access; decision-making ......................................... 19\n12.\nInsertion of Parts 4A, 4B and 4C - notification and investigation of abuse or neglect;\nintervention orders; the Older Persons Tribunal ....................................................................... 20\n13.\nSubstitution of section 18 - obstruction of authorised persons .................................................. 31\n14.\nInsertion of sections 18A and 18B - rules of court; appeals of court decisions .......................... 31\n15.\nAmendment of Schedule - the Council of Older Persons .......................................................... 33\n16.\nInsertion of Schedule 2 - the Older Persons Tribunal ............................................................... 36\n\nOlder Persons (Amendment) Bill, 2024\nClause 1\n\nc\n Introduced\nPage 9\n\nCAYMAN ISLANDS\n\nOLDER PERSONS (AMENDMENT) BILL, 2024\n\nA BILL FOR AN ACT TO AMEND THE OLDER PERSONS ACT, 2017, IN ORDER TO\nREVISE THE DEFINITION OF THE TERM \u2018OLDER PERSON\u2019; TO RE-NAME THE\nCOUNCIL OF OLDER PERSONS, INCREASE ITS FUNCTIONS AND CHANGE ITS\nMEMBERSHIP; TO IDENTIFY A DEPARTMENT WITH RESPONSIBILITY FOR THE\nSUBJECT OF OLDER PERSONS; TO REMOVE THE REQUIREMENT FOR THE\nMAINTENANCE OF THE OLDER PERSONS REGISTER; TO INCREASE THE\nPROTECTION OF THE RIGHTS OF OLDER PERSONS; TO PROVIDE FOR THE\nNOTIFICATION AND INVESTIGATION OF ABUSE OR NEGLECT OF OLDER\nPERSONS; TO ENABLE THE ISSUE OF AN INTERVENTION ORDER IN A CASE\nWHERE AN OLDER PERSON LACKS CAPACITY TO MAKE CERTAIN DECISIONS; TO\nESTABLISH THE OLDER PERSONS TRIBUNAL FOR THE PURPOSE OF\nDETERMINING COMPLAINTS RELATING TO ACCESS TO RIGHTS OF OLDER\nPERSONS AND REQUIREMENTS IMPOSED ON \u2018MANDATORY REPORTERS\u2019; AND\nFOR INCIDENTAL AND CONNECTED PURPOSES\nENACTED by the Legislature of the Cayman Islands.\n1.\nShort title and commencement\n1.\n(1) This Act may be cited as the Older Persons (Amendment) Act, 2024.\n\nClause 2\nOlder Persons (Amendment) Bill, 2024\n\nPage 10\n Introduced\nc\n\n(2) This Act shall come into force on such date as may be appointed by Order made\nby the Cabinet and different dates may be appointed for different provisions of\nthis Act and in relation to different matters.\n2.\nGeneral amendments to the Older Persons Act, 2017 - references to \u201cLaw\u201d\nand \u201cCouncil of Older Persons\u201d\n2.\nThe Older Persons Act, 2017 (Act 14 of 2017), in this Act referred to as the \u201cprincipal\nAct\u201d, is amended as follows \u2014\n(a)\nby deleting the word \u201cLaw\u201d wherever it appears and substituting the word\n\u201cAct\u201d; and\n(b) by deleting the words \u201cCouncil of Older Persons\u201d wherever they appear\nand substituting the words \u201cCouncil for Older Persons\u201d.\n3.\nAmendment of section 2 - interpretation\n3.\nThe principal Act is amended in section 2 as follows \u2014\n(a)\nby inserting, in the appropriate alphabetical sequence, the following\ndefinitions \u2014\n\u201c \u201cabandonment\u201d means the purposeful and permanent desertion of\nan older person;\n\u201cabuse\u201d, in relation to an older person, means a single or repeated\nact, or lack of appropriate action, occurring within a relationship\nwhere there is an expectation of trust with the older person, which\ncauses harm or distress to the older person, and includes physical\nabuse, sexual abuse, psychological or emotional abuse, economic\nabuse, abandonment, neglect, or serious loss of dignity and respect;\n\u201cactive ageing\u201d means the process of optimizing opportunities for\nhealth, security and participation in order to enhance quality of life\nas individuals age;\n\u201cage-friendly communities\u201d means communities where age is not a\nbarrier to living well and where the social and physical environments,\nactivities and services encourage inter-generational relationships and\nsupport and enable all persons to \u2014\n(a)\nparticipate in society;\n(b) live healthy, active and fulfilling lives; and\n(c)\nbe valued for their contribution;\n\u201cautonomy\u201d, in relation to older persons, means their freedom to\nmake choices and take control over a range of issues, including where\nto live, relationships to have, what to wear, how to spend time, and\nwhether to embark on medical treatment;\n\nOlder Persons (Amendment) Bill, 2024\nClause 3\n\nc\n Introduced\nPage 11\n\n\u201ccivil servant\u201d has the meaning assigned by section 2(1) of the\nPublic Servant Management Act (2018 Revision);\n\u201ccivil servant members\u201d means the members of the Council named\nin paragraph 1(1)(f) of Schedule 1;\n\u201cCommissioner of Police\u201d means the person appointed to that\nposition under the Police Act (2021 Revision);\n\u201ccommunity-based care\u201d means programmes and services which\nhelp older persons to live independently or in a facility that provides\nresidential care;\n\u201ccomplaint\u201d means a complaint filed with the Tribunal under section\n17O;\n\u201cconsent\u201d, in relation to a person to whom an act relates, means any\nfreely given, specific, informed and unambiguous indication of the\nperson\u2019s wishes by which the person, by a statement or by a clear\naffirmative action, signifies agreement to the act relating to that\nperson;\n\u201cCouncil Chairperson\u201d means the person appointed under section\n5(1) as the Chairperson of the Council;\n\u201cDepartment\u201d means the department of Government mentioned in\nsection 9A and responsible for the subject of Older Persons;\n\u201cDepartmental Report\u201d means the report prepared by the\nDepartment under section 17J(1);\n\u201cDeputy Council Chairperson\u201d means the person appointed under\nsection 5(1) as the Deputy Chairperson of the Council;\n\u201cDeputy Tribunal Chairperson\u201d means the person appointed under\nsection 17P(1) as the Deputy Chairperson of the Tribunal;\n\u201ceconomic abuse\u201d means \u2014\n(a)\nthe deprivation of economic and financial resources of an older\nperson or to which an older person is entitled under any law;\n(b) the unreasonable deprivation of economic and financial\nresources which an older person requires out of necessity;\n(c)\nbehaviour which is intended to exercise coercive control over,\nexploit or limit an older person\u2019s economic and financial\nresources;\n(d) the disposal of household effects or other property that belongs\nto an older person without the older person\u2019s consent; or\n(e)\nthe deceiving of an older person in order to access the older\nperson\u2019s economic or financial resources;\n\nClause 3\nOlder Persons (Amendment) Bill, 2024\n\nPage 12\n Introduced\nc\n\n\u201cfunctional ability\u201d means ability that is determined by an\nindividual\u2019s physical and mental capacities as displayed in the\nphysical, social and other environments in which the individual lives;\n\u201chealth care\u201d has the meaning assigned by section 2 of the Health\nCare Decisions Act (2022 Revision);\n\u201chealthy ageing\u201d means developing and maintaining the functional\nability that enables well-being in older age;\n\u201cintervention order\u201d means an order made by the Grand Court\nunder section 17L;\n\u201cmandatory reporter\u201d means a person so specified in section\n17F(3);\n\u201cMinistry\u201d means the Ministry responsible for social development;\n\u201cCouncil for Older Persons\u201d or \u201cCouncil\u201d means the entity\nestablished under section 3;\n\u201cneglect\u201d, in relation to an older person, means the lack of provision\nto the older person of essential care (such as food, clothing, medical\naid, lodging and other necessities of life) to the extent of causing or\nbeing reasonably likely to cause personal injury or physical pain to,\nor injury to the mental or physical health of, the older person;\n\u201cnon-profit organisation\u201d includes a company or body of persons,\nwhether incorporated or unincorporated, or a trust \u2014\n(a)\nestablished or which identifies itself as established primarily for\nthe promotion of charitable, philanthropic, religious, cultural,\neducational, social or fraternal purposes, or other activities or\nprogrammes for the public benefit or a section of the public\nwithin the Islands or elsewhere; and\n(b) which solicits contributions or raises funds from the public or a\nsection of the public within the Islands or elsewhere;\n\u201cnotifier\u201d means a person who notifies the Department that the\nperson suspects that an older person has been or is being abused or\nneglected;\n\u201cOlder Persons Tribunal\u201d or \u201cTribunal\u201d means the entity\nestablished under section 17M;\n\u201cphysical abuse\u201d means any act or omission which causes or\nthreatens physical injury;\n\u201cpolice officer\u201d has the meaning assigned by section 2 of the Police\nAct (2021 Revision);\n\u201cprivate entity\u201d means a natural or legal person that is not a public\nauthority;\n\nOlder Persons (Amendment) Bill, 2024\nClause 4\n\nc\n Introduced\nPage 13\n\n\u201cpsychological or emotional abuse\u201d, in relation to an older person,\nincludes any verbal or non-verbal act that undermines the older\nperson\u2019s sense of dignity or self-worth and threatens the older\nperson\u2019s psychological well-being;\n\u201cpublic authority\u201d has the meaning assigned by section 2 of the\nData Protection Act (2021 Revision);\n\u201cregistered practitioner\u201d has the meaning assigned by section 2 of\nthe Health Practice Act (2021 Revision);\n\u201csafeguarding\u201d means reducing the risk of abuse or neglect in\nrelation to older persons;\n\u201cself-neglect\u201d means the failure of an older person to provide for the\nolder person\u2019s own basic needs and personal hygiene because of an\ninability to do so;\n\u201csexual abuse\u201d means sexual contact of any kind in which force or\nthreat is used to obtain participation in non-consensual sexual activity\nor coercing an older person to engage in sexual activity against the\nolder person\u2019s will;\n\u201cTribunal Chairperson\u201d means the person appointed under section\n17P(1) as the Chairperson of the Tribunal;\n\u201cwell-being\u201d means how older persons are faring in all domains of\nlife, including economic, health, social, personal and local\nenvironment domains.\u201d;\n(b) by deleting the respective definitions of the words \u201caccess to services\u201d\nand \u201cCouncil of Older Persons\u201d; and\n(c)\nby deleting the definition of the words \u201colder person\u201d and substituting the\nfollowing definition \u2014\n\u201c \u201colder person\u201d means a person who is sixty-five years of age or\nolder, except where the law provides for a person who is less than\nsixty-five years of age to be treated as an \u201colder person\u201d for the\npurpose of receiving a pension;\u201d.\n4.\nAmendment of section 3 - the Council of Older Persons\n4.\nThe principal Act is amended in section 3(2) by deleting the words \u201cThe Schedule\u201d\nand substituting the words \u201cSchedule 1\u201d.\n5.\nAmendment of section 4 - functions of the Council\n5.\nThe principal Act is amended in section 4 as follows \u2014\n(a)\nin subsection (1) \u2014\n(i)\nby repealing paragraphs (b) and (c) and substituting the following\nparagraphs \u2014\n\nClause 5\nOlder Persons (Amendment) Bill, 2024\n\nPage 14\n Introduced\nc\n\n\u201c(b) advocating for full and effective participation of older persons\non an equal basis with persons who are not older persons in the\nIslands;\n(c)\nacting as an advisor and advocate with Government agencies to\ninfluence policy and planning towards healthy ageing and agefriendly communities;\u201d;\n(ii) in paragraph (d), by deleting the word \u201cand\u201d appearing after the\nsemicolon; and\n(iii) by repealing paragraph (e) and substituting the following\nparagraphs \u2014\n\u201c(e) promoting the dignity, independence and autonomy of older\npersons;\n(f)\npromoting active ageing for older persons;\n(g) advocating for and championing services, programmes and\nprojects that promote healthy ageing and age-friendly\ncommunities; and\n(h) promoting a better understanding of healthy ageing and raising\nawareness about the issues and concerns of older persons in the\ncommunity.\u201d; and\n(b) by repealing subsection (2) and substituting the following subsections \u2014\n\u201c(2) The Council shall, in carrying out its functions \u2014\n(a)\nadopt a consultative approach with the Ministry, older persons\nin the community, the private sector, civil society partners and\nother stakeholders;\n(b) serve as a consultative group with which multisector groups\nmay liaise;\n(c)\npromote the advancement of the well-being of older persons;\n(d) develop partnerships in each district in the Islands with groups\nthat will provide support for advancing the well-being of older\npersons;\n(e)\nprovide an annual report to the Cabinet on the achievement of\nthe Council (in following through its identified functions and\nmandate), and such other reports as may be requested by the\nMinistry; and\n(f)\nengage with international and regional bodies on matters\nregarding older persons.\n(3) The Council Chairperson or the Deputy Council Chairperson may,\non behalf of the Council, delegate to any member of the Council\n\nOlder Persons (Amendment) Bill, 2024\nClause 6\n\nc\n Introduced\nPage 15\n\n(other than a civil servant) any of the functions conferred upon the\nCouncil under this Act.\u201d.\n6.\nAmendment of section 5 - Chairperson and Deputy Chairperson\n6.\nThe principal Act is amended in section 5(2) as follows \u2014\n(a)\nby repealing paragraph (a) and substituting the following paragraphs \u2014\n\u201c(a) managing the affairs of the Council in accordance with this Act and\nother relevant legislation and policy;\n(aa) chairing meetings of the Council;\n(ab) setting the agendas for meetings of the Council;\u201d and\n(b) by repealing paragraph (e) and substituting the following paragraphs \u2014\n\u201c(e) ensuring the Council complies with prescribed Terms of\nReference for the Council, and with prescribed policy and\nprocedural guidelines for the management of the Council;\n(ea) developing an annual strategic plan;\u201d.\n7.\nRepeal of section 6 - Executive Secretary\n7.\nThe principal Act is amended by repealing section 6 and substituting the following\nsection \u2014\n\u201cAppointment of secretary\n6.\nThe Cabinet shall appoint a secretary to the Council who shall conduct\nadministrative duties, including recording and keeping minutes of the\nmeetings and proceedings of the Council, but who shall have no right to\nvote.\u201d.\n8.\nInsertion of section 7A - duty of confidentiality of the Council\n8.\nThe principal Act is amended by inserting after section 7 the following section \u2014\n\u201cDuty of confidentiality of the Council\n7A. (1) The facts and particulars of, or relating to, any matter before the\nCouncil shall be treated as confidential by each member of, and the\nsecretary to, the Council and any such facts or particulars shall not\nbe disclosed otherwise than in the proper performance of duties under\nthis Act or in compliance with an order of a court or tribunal of\ncompetent jurisdiction, or where required by law.\n(2) The failure of a member of, or the secretary to, the Council to comply\nwith subsection (1) constitutes sufficient ground for the termination\nof the appointment of the member or the secretary.\n\nClause 9\nOlder Persons (Amendment) Bill, 2024\n\nPage 16\n Introduced\nc\n\n(3) A person who contravenes subsection (1) commits an offence and is\nliable on summary conviction to a fine of ten thousand dollars or to\nimprisonment for a term of one year, or to both.\n(4) An allegation of a breach of subsection (1) shall be fully investigated\nby a police officer.\n(5) In this section \u2014\n\u201ccourt\u201d includes any tribunal, authority or person having power to\nrequire the production of documents or the answering of questions;\nand\n\u201cproduction\u201d includes permitting access to.\u201d.\n9.\nInsertion of Part 2A - Departmental responsibility for the subject of Older\nPersons\n9.\nThe principal Act is amended by inserting after Part 2 the following Part \u2014\n\u201cPART 2A - DEPARTMENTAL RESPONSIBILITY FOR THE\nSUBJECT OF OLDER PERSONS\nDepartmental responsibility for the subject of Older Persons\n9A. (1) There shall be a department of Government which shall be\nmaintained by such moneys as shall be paid out of the general\nrevenue of the Islands and which shall be responsible for the subject\nof Older Persons.\n(2) Notwithstanding subsection (1), the Director of the Department may,\nin the Director\u2019s discretion, extend services to an individual who is\nfifty-five years of age or older but less than sixty-five years of age.\nFunctions of the Department\n9B. (1) The Department shall \u2014\n(a)\n identify the changing needs of older persons and make\nrepresentation to the Ministry on recommendations to address\nthose needs;\n(b) develop and implement programmes, including those aimed\nat \u2014\n(i)\nthe economic empowerment of older persons;\n(ii) the establishment of recreational opportunities for older\npersons; and\n(iii) fostering age-friendly communities and enhancing\nhealthy ageing of older persons; and\n\nOlder Persons (Amendment) Bill, 2024\nClause 9\n\nc\n Introduced\nPage 17\n\n(c)\nsafeguard and promote the well-being of older persons by\nproviding a range and level of programmes and services\nappropriate to the needs of the older person.\n(2) In performing any function or exercising any power under this Act in\nrelation to an older person, the Department shall have regard to the\nfollowing matters in particular \u2014\n(a)\nthe importance of beginning with the assumption that the older\nperson is best-placed to judge the older person\u2019s well-being;\nand\n(b) the need to ensure that any restriction on the older person\u2019s\nrights or freedom of action that is involved in the exercise of the\nDepartment\u2019s function is kept to the minimum necessary for\nachieving the purpose for which the function is being exercised.\nDuty and powers of the Department to investigate\n9C. (1)\nWhere the Department has reasonable cause to suspect that an older\nperson who lives, or is found, in the Islands may be experiencing\nabuse, neglect or self-neglect the Department shall make, or cause to\nbe made, such enquiries of any person, public authority, non-profit\norganisation, private entity or mandatory reporter as it considers\nnecessary to enable it to decide whether it should take any action to\nsafeguard the older person.\n(2) The enquiries shall, in particular, be directed towards establishing\nwhether the Department should exercise any of its powers under this\nAct, with respect to the older person.\n(3) For the purposes of making a determination under this section as to\nthe action to be taken with respect to an older person, the Department\nshall be guided by the wishes of the older person.\n(4) Where enquiries are being made under subsection (1) with respect to\nan older person, the Department shall (with a view to enabling it to\ndetermine what action, if any, to take with respect to the older person)\ntake such steps as are reasonably practicable \u2014\n(a)\nto obtain access to the older person; or\n(b) to ensure that access to the older person is obtained, on its\nbehalf, by a person authorised by it for the purpose,\nunless the Department is satisfied that it already has sufficient\ninformation with respect to the older person.\n(5) Where the Department makes, or causes to be made, any enquiries\nunder subsection (1), a person, public authority, non-profit\norganisation, private entity or mandatory reporter shall disclose\n\nClause 9\nOlder Persons (Amendment) Bill, 2024\n\nPage 18\n Introduced\nc\n\ninformation when requested to do so by the Department but may\nrefuse to disclose the information on the grounds that the information\nrequested would be privileged from production in legal proceedings\non the ground of legal professional privilege or that the disclosure\nwould be in contempt of court.\n(6) Where a person, public authority, non-profit organisation, private\nentity or mandatory reporter refuses to disclose the information\nrequested by the Department, the person, public authority, non-profit\norganisation, private entity or mandatory reporter shall, within such\nperiod as may be specified by the Department, notify the Department\nin writing of the refusal, and the reasons for the refusal.\nCosts\n9D. The Department may \u2014\n(a)\ncharge fees, prescribed by regulations, for providing care and\nsupport to older persons or for putting in place arrangements for\nproviding care and support to older persons; and\n(b) recover from persons prescribed by regulations any expenses\nreasonably incurred by the Department in the exercise of a\npower conferred under paragraph (a).\nCo-operation with Department\n9E. (1) Where it appears to the Department that any person, public authority,\nnon-profit organisation or private entity could, by taking any\nspecified action, assist in the exercise of any of the Department\u2019s\nduties under this Act, the Department may request, from that person,\npublic authority, non-profit organisation or private entity, the\nprovision of specified information or the taking of specified action\nwithin the time and in the manner specified.\n(2) A person, public authority, non-profit organisation or private entity\nmay refuse a request under subsection (1) on the grounds that the\ninformation requested would be privileged from production in legal\nproceedings on the ground of legal professional privilege or that the\ndisclosure would be in contempt of court.\nConfidentiality by Department\n9F. (1) An officer of the Department or a person acting for or under the\ndirection of the head of the Department shall not disclose data or\ninformation which \u2014\n(a)\nwas obtained by, or furnished to, the officer or the person acting\nfor or under the direction of the head of the Department, for the\n\nOlder Persons (Amendment) Bill, 2024\nClause 10\n\nc\n Introduced\nPage 19\n\npurposes of the performance of their duties and functions under\nthis Act, or in the exercise of their powers under this Act; and\n(b) is not at the time of the disclosure available to the public\nthrough lawful means,\nunless the disclosure is made with lawful authority.\n(2) For the purposes of subsection (1), a disclosure of data or information\nis made with lawful authority where \u2014\n(a)\nthe disclosure is for the purposes of an enquiry, investigation or\nother function of the Department under this Act; or\n(b) the disclosure relates to a serious threat to the life, health or\nsafety of a person and the disclosure is made to a police officer.\n(3) Where an officer or a person acting for or under the direction of the\nhead of the Department knowingly or recklessly discloses data or\ninformation in contravention of subsection (1), that person commits\nan offence and is liable \u2014\n(a)\non summary conviction, to a fine of ten thousand dollars; or\n(b) on conviction on indictment, to a fine of twenty thousand\ndollars.\nDisclosure of interest\n9G. If an officer of the Department has any personal or pecuniary interest,\ndirect or indirect, in any matter that arises in carrying out the officer\u2019s\nfunctions under this Act \u2014\n(a)\nthe officer shall disclose the fact as soon as possible after the\nrelevant circumstances have come to the officer\u2019s knowledge;\nand\n(b) at the discretion of the Director, the officer may be excluded from\ntaking part in any consideration or discussion in regard to the\nmatter.\u201d.\n10.\nRepeal of Part 3 - the Older Persons Register\n10. The principal Act is amended by repealing Part 3.\n11.\nInsertion of sections 17A and 17B - equal access; decision-making\n11. The principal Act is amended by inserting after section 17 the following sections \u2014\n\u201cEqual access\n17A. (1) Subject to the provisions of any other Act, an older person shall have\naccess to goods, services and programmes promoting social inclusion\non an equal basis with a person who is not an older person.\n\nClause 12\nOlder Persons (Amendment) Bill, 2024\n\nPage 20\n Introduced\nc\n\n(2) For the purposes of this Act, a person discriminates against another\nperson on grounds of being an older person if the first-mentioned\nperson makes any distinction, exclusion or preference, the intent or\neffect of which is to nullify or impair equality of access.\n(3) Any practice or policy that directly or indirectly results in\ndiscrimination against a person on the grounds of being an older\nperson, is an act of discrimination and is prohibited, regardless of\nwhether the person responsible for the practice or policy intended to\ndiscriminate.\nDecision-making\n17B. (1) An older person has a right to make decisions and, in relation to that\nright, the following principles apply \u2014\n(a)\nan older person shall be assumed to have capacity unless it is\nestablished that the older person lacks capacity;\n(b) an older person is not to be treated as unable to make a decision\nunless all practicable steps to help the older person to do so have\nbeen taken without success; and\n(c)\nan older person is not to be treated as unable to make a decision\nmerely because the older person makes an unwise decision.\n(2) For the purposes of subsection (1), an older person lacks capacity in\nrelation to a matter if at the material time the older person is unable\nto make a decision for himself or herself in relation to the matter\nbecause of an impairment of, or a disturbance in the functioning of,\nthe mind or brain, whether or not the impairment or disturbance is\npermanent or temporary.\n(3) A lack of capacity cannot be established merely by reference to \u2014\n(a)\nthe older person\u2019s age or appearance; or\n(b) a condition of the older person, or an aspect of the older\nperson\u2019s behaviour, which might lead others to make\nunjustified assumptions about the older person\u2019s capacity.\u201d.\n12.\nInsertion of Parts 4A, 4B and 4C - notification and investigation of abuse or\nneglect; intervention orders; the Older Persons Tribunal\n12. The principal Act is amended by inserting after Part 4 the following Part \u2014\n\nOlder Persons (Amendment) Bill, 2024\nClause 12\n\nc\n Introduced\nPage 21\n\n\u201cPART 4A - NOTIFICATION AND INVESTIGATION OF\nABUSE OR NEGLECT\nApplication of the Protection from Domestic Violence Act (2021\nRevision)\n17C. The provisions of this Act shall not be construed as limiting, amending,\nrepealing or otherwise altering any provision of the Protection from\nDomestic Violence Act (2021 Revision), or as exempting any person from\nany duty or obligation imposed by that Act or prohibiting any person from\ncomplying with any provision of that Act.\nProhibition of abuse or neglect of older person\n17D. (1) A person shall not abuse or neglect an older person.\n(2) A person commits an offence if that person is in a position of trust in\nrelation to an older person and engages in abuse or neglect against\nthe older person.\n(3) A person who contravenes subsection (2) is liable on \u2014\n(a)\nsummary conviction; or\n(b) conviction on indictment,\nto imprisonment for a term of twelve years.\n(4) Notwithstanding sections 6(2) and 8 of the Criminal Procedure Code\n(2021 Revision), the court of summary jurisdiction or the Grand\nCourt before which an individual pleads guilty or is convicted,\nshall \u2014\n(a)\nin a case where the individual pleads guilty, impose a sentence\nof imprisonment for a term of at least five years; or\n(b) in any other case, impose a sentence of imprisonment for a term\nof at least seven years,\nunless the relevant court is of the opinion that there are exceptional\ncircumstances relating to the offence or to the offender which justify\nits not doing so and such exceptional circumstances shall be stated\nby the relevant court.\n(5) For the purposes of this section, a \u201cposition of trust\u201d in relation to\nan older person includes any position which involves \u2014\n(a)\na family relationship with the older person;\n(b) a mandatory reporter; or\n(c) any other similar special relationship with the older person.\n\nClause 12\nOlder Persons (Amendment) Bill, 2024\n\nPage 22\n Introduced\nc\n\nRestriction of employment of a mandatory reporter\n17E.(1)\nBefore a person is appointed to, is employed in or otherwise assumes\na position as a mandatory reporter, paid or unpaid, the person shall\nbe subjected to a screening process in accordance with regulations\nmade by the Cabinet.\n(2) After the screening process referred to in subsection (1), where it is\ndiscovered that a person has been convicted of, or served a sentence\nfor, a prescribed offence, the person shall not be appointed to,\nemployed in or otherwise assume a position as a mandatory reporter.\n(3) Where the circumstances of a person change following the screening\nprocess referred to in subsection (1) and those circumstances would,\nor are likely to, result in the person not being or remaining appointed\nto, employed in or otherwise in a position as a mandatory reporter,\nthe person shall notify the employer or any other person prescribed\nby regulations of the relevant change in circumstances.\n(4) Where an employer or any other relevant person does not conduct the\nscreening process in accordance with the regulations, any person may\nmake a complaint to the Older Persons Tribunal.\n(5) Where a person is required to make a declaration or provide\ninformation under this Act and the person makes a false declaration\nor provides false or misleading information, the person commits an\noffence and is liable on summary conviction to a fine of three\nthousand dollars or to imprisonment for a term of six months, or to\nboth.\nNotification of abuse or neglect of older person\n17F. (1) If a mandatory reporter \u2014\n(a)\nhas a reasonable suspicion that an older person \u2014\n(i)\nhas been or is being abused or neglected; or\n(ii) was or is the subject of self-neglect; and\n(b) the suspicion is formed in the course of the mandatory\nreporter\u2019s work,\nthe mandatory reporter shall notify the Department of the suspicion\nas soon as practicable, but no later than twenty-four hours, after the\nmandatory reporter forms the suspicion.\n(2) If a person, other than a mandatory reporter, has a reasonable\nsuspicion that an older person \u2014\n(a)\nhas been or is being abused or neglected; or\n(b) was or is the subject of self-neglect,\n\nOlder Persons (Amendment) Bill, 2024\nClause 12\n\nc\n Introduced\nPage 23\n\nhe or she may notify the Department of the suspicion as soon as\npracticable after he or she forms the suspicion.\n(3) The following persons are mandatory reporters \u2014\n(a)\na member of the Parliament;\n(b) a registered practitioner;\n(c)\nthe administrative staff of medical facilities;\n(d) the staff of financial institutions and insurance companies;\n(e)\na police officer;\n(f)\na probation officer;\n(g) an officer of the Department;\n(h) a social worker;\n(i)\na minister of religion;\n(j)\na person who is an employee of an organisation formed for\nreligious or spiritual purposes;\n(k) the Council for Older Persons;\n(l)\nthe Older Persons Tribunal;\n(m) a Justice of the Peace;\n(n) a prison officer appointed under the Prisons Act (2021\nRevision);\n(o) the department of Government with responsibility for the land\nregistry;\n(p) any person who is an employee of an entity as defined in the\nPublic Management and Finance Act (2020 Revision) and\nbeing a person who \u2014\n(i)\nis engaged in the actual delivery of services to older\npersons; or\n(ii) holds a management position in the relevant entity, the\nduties of which include direct responsibility for, or direct\nsupervision of, the provision of services to older persons;\nand\n(q) any other person who, by virtue of that person\u2019s employment,\noccupation or voluntary role (paid or unpaid), has a\nresponsibility to discharge a duty of care towards an older\nperson.\n(4) A notification under this section shall be accompanied by a statement\nof the observations, information and opinions on which the suspicion\nis based.\n\nClause 12\nOlder Persons (Amendment) Bill, 2024\n\nPage 24\n Introduced\nc\n\n(5) A person does not exhaust the person\u2019s duty of care to an older person\nby giving a notification under this section.\n(6) A person, public authority, non-profit organisation or private entity\nwhich appoints persons in positions by virtue of which they are\nmandatory reporters, paid or unpaid, shall ensure that an appointed\nmandatory reporter undergoes training in relation to safeguarding\nwithin twelve months of the date of commencement of the Older\nPersons (Amendment) Act, 2024 or within six months following his\nor her appointment in the role of mandatory reporter, whichever is\nsooner.\n(7) A private entity, non-profit organisation or public authority that\nemploys mandatory reporters shall have, and shall provide to every\nmandatory reporter, a written policy which complies with this Act\nregarding its safeguarding procedures and its procedures for\nreporting abuse and neglect of older persons.\n(8) A person who contravenes this section (other than subsection (6) or\n(7)) commits an offence and is liable on summary conviction to a fine\nof ten thousand dollars or to imprisonment for a term of three years\nor both.\n(9) The Cabinet may by Order amend the list of persons set out in\nsubsection (3).\nProtection from liability for voluntary or mandatory notification\n17G.A person who, whether voluntarily or pursuant to a requirement of this\nAct, notifies the Department of a suspicion that an older person has been\nor is being abused or neglected or provides any information to the\nDepartment in respect of such a notification \u2014\n(a)\nshall not, by virtue of doing so, be held to have breached any\ncode of professional etiquette or ethics, or to have departed\nfrom any accepted form of professional conduct; and\n(b) insofar as the person has acted in good faith, incurs no civil or\ncriminal liability in respect of the notification or the provision\nof the information.\nConfidentiality of notification of abuse or neglect\n17H.(1)  Subject to this section, a person who receives from a notifier a\nnotification of abuse or neglect of an older person, or who otherwise\nbecomes aware of the identity of a notifier, shall not disclose the\nidentity of the notifier to any other person unless the disclosure is\nmade \u2014\n\nOlder Persons (Amendment) Bill, 2024\nClause 12\n\nc\n Introduced\nPage 25\n\n(a)\nin the course of official duties to another person acting in the\ncourse of official duties;\n(b) with the consent of the notifier; or\n(c)\nby way of evidence adduced in accordance with subsections (2)\nand (3).\n(2) Subject to subsection (3) \u2014\n(a)\nno evidence as to the identity of a notifier, or from which the\nidentity of the notifier could be deduced, may be adduced in\nproceedings before a court without the permission of the court;\nand\n(b) unless such permission is granted, a party or witness in those\nproceedings shall not be asked, and, if asked, shall not be\nrequired to answer, any question that cannot be answered\nwithout disclosing the identity of, or leading to the\nidentification of, the notifier.\n(3) A court shall not grant permission under subsection (2) unless \u2014\n(a)\nthe court is satisfied that the evidence is of critical importance\nin the proceedings and that failure to admit it would prejudice\nthe proper administration of justice; or\n(b) the notifier consents to the admission of the evidence in the\nproceedings.\n(4) An application for permission to adduce evidence under subsection\n(2) \u2014\n(a)\nshall not, except as authorised by the court, be heard and\ndetermined in public; and\n(b) shall be conducted in such a manner as to protect, so far as may\nbe practicable, the identity of the notifier pending the\ndetermination of the application.\nDepartment not obliged to take action\n17I. Subject to section 17J, nothing in this Act requires the Department to take\nor initiate any action under this Act in relation to a notification of suspected\nabuse or neglect of an older person, if the Department is satisfied \u2014\n(a)\nthat the information or observations on which the notifier\nformed a suspicion were not, in the opinion of the Department,\nsufficient to constitute reasonable grounds for the suspicion; or\n(b) that, while there are reasonable grounds for such a suspicion,\nproper arrangements exist for the care and protection of the\nolder person and the matter of the apparent abuse or neglect has\nbeen or is being adequately dealt with.\n\nClause 12\nOlder Persons (Amendment) Bill, 2024\n\nPage 26\n Introduced\nc\n\nAssessment and investigation of notification by Department\n17J.(1)\nWithin three working days of receiving a notification accompanied\nby a statement under section 17F, the Department shall assess the\ninformation in the notification and statement and prepare a\nDepartmental Report about the alleged abuse, neglect or self-neglect\nof the older person and, after the assessment, the Department may \u2014\n(a)\nrefer the notification and the Departmental Report to the\nCommissioner of Police for such further investigation as the\ncase may require; and\n(b) inform the older person of the Departmental Report unless, in\nthe opinion of the Department, the information would cause\nphysical or emotional harm to any person, endanger the safety\nof the older person or prejudice an investigation under\nparagraph (a).\n(2) A Departmental Report shall not, so far as practicable, directly or\nindirectly identify a notifier, unless it is necessary in order for the\nreport to be considered complete.\nSharing of Departmental Report by Department\n17K. (1) Subject to subsections (3) and (4), the Department may, if it is\nnecessary in the interests of the older person to whom a Departmental\nReport relates, disclose the Departmental Report, or a portion of the\nDepartmental Report, to a person to whom this section applies.\n(2) This section applies to \u2014\n(a)\nthe older person to whom the Departmental Report relates;\n(b) a legal guardian of, or a person with power of attorney for, the\nolder person;\n(c)\na person authorised under an intervention order to act or make\ndecisions in relation to the older person;\n(d) a registered practitioner who is providing care to the older\nperson;\n(e)\nan agency responsible for, or authorised to undertake, the care\nor treatment of the older person or the actual delivery of\nprogrammes, services or community-based care to the older\nperson;\n(f)\nan attorney-at-law who requires the Departmental Report in\nconnection with a legal matter relating to the older person;\n(g) a court which has determined that public disclosure of the\nDepartmental Report is necessary for the determination of an\nissue before it;\n\nOlder Persons (Amendment) Bill, 2024\nClause 12\n\nc\n Introduced\nPage 27\n\n(h) if the older person is deceased, the executor or administrator of\nthe older person\u2019s estate; and\n(i)\na person designated by the older person.\n(3) Where the Department discloses the Departmental Report, or a\nportion of the Departmental Report, the older person to whom the\nDepartmental Report relates shall be notified of the disclosure, unless\nthe older person is legally incapacitated or, in the opinion of the\nDepartment, the disclosure of the Departmental Report would\nprejudice an investigation under section 17J(a).\n(4) A person who receives a Departmental Report, or a portion of a\nDepartmental Report, shall not disclose the identity of the person\nwho notified the Department of the suspected abuse or neglect of the\nolder person to whom the Departmental Report relates, unless the\ndisclosure is made \u2014\n(a)\nin the course of official duties, to another person acting in the\ncourse of official duties; or\n(b) with the consent of the person who notified the Department.\nPART 4B - INTERVENTION ORDERS\nIntervention orders\n17L. (1) Any person or the Department may make an application to the Grand\nCourt for an intervention order regarding the property, financial\naffairs or personal well-being (other than health care) of an older\nperson, where it appears that the older person lacks capacity in\naccordance with section 17B(2) \u2014\n(a)\nto take the action to which the application relates; or\n(b) to make the decision about the property, financial affairs or\npersonal well-being (other than health care) to which the\napplication relates,\nand any person or the Department may apply for an intervention order\nwhere it appears that an intervention order is necessary for the\nprotection of the property, financial affairs or personal well-being\n(other than health care) of the older person.\n(2) An intervention order may \u2014\n(a)\ndirect the taking of any action specified in the order;\n(b) authorise an individual nominated in the application to take\nsuch action or make such decision in relation to the property,\n\nClause 12\nOlder Persons (Amendment) Bill, 2024\n\nPage 28\n Introduced\nc\n\nfinancial affairs or personal well-being (other than health care)\nof the older person as is specified in the order; and\n(c)\nauthorise the Department \u2014\n(i)\nto provide such accommodation for an older person; and\n(ii) to take such action or make such decision in relation to the\npersonal well-being (other than health care) of the older\nperson,\nas is specified in the order.\n(3) Anything done under an intervention order shall have the same effect\nas if done by the older person if the older person had the capacity to\ndo so.\n(4) An older person who lacks capacity may bring, or make claim in, any\nproceedings by that older person\u2019s next friend and may defend, make\ncounterclaim or intervene in any proceedings, or appear in any\nproceedings under a judgment or order, notice of which has been\nserved on that older person, by that older person\u2019s guardian ad litem.\nPART 4C - THE OLDER PERSONS TRIBUNAL\nThe Older Persons Tribunal\n17M.(1) There is established a body to be called the Older Persons Tribunal\nhaving the functions, responsibilities, powers and duties conferred or\nimposed upon it by this and any other Act.\n(2) Schedule 2 has effect with respect to the constitution and procedure\nof the Tribunal.\n(3) Subject to this Act and any Regulations, the Tribunal may determine\nits procedure.\nFunctions and powers of the Tribunal\n17N. (1) The Tribunal shall hear and determine complaints filed with the\nTribunal under this Act, in accordance with the procedure set out in\nthe regulations.\n(2) For the purpose of discharging its functions under this Act, the\nTribunal shall have the power to \u2014\n(a)\ncompel the production of documents or any other matter or\nthing from any person, public authority, non-profit organisation\nor private entity that the Tribunal has reasonable grounds to\nbelieve is breaching any relevant provision of this Act;\n\nOlder Persons (Amendment) Bill, 2024\nClause 12\n\nc\n Introduced\nPage 29\n\n(b) issue summonses to compel the attendance of witnesses at the\nhearing; and\n(c)\nexamine witnesses on oath, affirmation or otherwise at the\nhearing.\n(3) A summons issued by the Tribunal under this section shall be under\nthe hand of the Tribunal Chairperson.\n(4) A person who \u2014\n(a)\nfails without reasonable excuse to comply with a requirement\nor a summons under subsection (2);\n(b) destroys or alters, or causes to be destroyed or altered, any\ndocument, or other matter or thing required to be produced\nunder subsection (2); or\n(c)\nhinders, obstructs, prevents or interferes with the Tribunal in\nthe exercise of a power under this section,\ncommits an offence and is liable on summary conviction to a fine of\nfive thousand dollars.\nComplaints\n17O.(1) A person may file a complaint with the Tribunal in accordance with\nthe prescribed procedure if the person has reasonable grounds for\nbelieving that \u2014\n(a)\nanother person, a private entity, a non-profit organisation or a\npublic authority is contravening or has contravened Part 4;\n(b) another person, a private entity, a non-profit organisation or a\npublic authority is contravening or has contravened section\n17E;\n(c)\nanother person, a private entity, a non-profit organisation or a\npublic authority is contravening or has contravened section\n17F(6); or\n(d) another person, a private entity, a non-profit organisation or a\npublic authority is contravening or has contravened section\n17F(7).\n(2) Where, after a hearing of a complaint, the Tribunal finds that \u2014\n(a)\nthe complainant\u2019s allegations or suspicions are substantiated,\nthe Tribunal may, in accordance with the regulations \u2014\n(i)\nissue directions requiring the person, private entity, nonprofit organisation or public authority against whom the\ncomplaint was made to take remedial action within a\n\nClause 12\nOlder Persons (Amendment) Bill, 2024\n\nPage 30\n Introduced\nc\n\nspecific period, having regard to this Act and any other\nlegislation; and\n(ii) make an award for costs; or\n(b) the complaint is frivolous or vexatious or that the complainant\u2019s\nallegations or suspicions are incorrect or unsubstantiated, the\nTribunal may order the complainant to pay the costs incurred\nby the Tribunal and the person, private entity, non-profit\norganisation or public authority against whom the complaint\nwas made.\n(3) A person who fails to comply with a direction, award for costs or\norder of the Tribunal given pursuant to subsection (2) commits an\noffence and is liable on summary conviction to a fine of five thousand\ndollars.\nChairperson and deputy chairperson of the Tribunal\n17P. (1) The Chairperson of the Tribunal and the Deputy Chairperson of the\nTribunal shall be appointed by the Cabinet.\n(2) The duties of the Tribunal Chairperson include chairing meetings of\nthe Tribunal.\n(3) In the case of the absence or inability of the Tribunal Chairperson to\nact, the Deputy Tribunal Chairperson shall perform the duties of the\nTribunal Chairperson.\nSecretary of the Tribunal\n17Q.(1) The Cabinet shall appoint an individual who is a civil servant to be\nthe secretary of the Tribunal but the secretary shall not be a member\nof the Tribunal and shall have no right to vote at meetings of the\nTribunal.\n(2) The secretary shall carry out administrative duties, including\nrecording and keeping minutes of the meetings and proceedings of\nthe Tribunal.\nRemuneration of members of the Tribunal\n17R. Each of the members of the Tribunal (if they are not civil servants) may\nreceive such remuneration in respect of each meeting attended, and the\nTribunal Chairperson and Deputy Tribunal Chairperson may receive such\nadditional remuneration, as may be determined by the Cabinet.\n\nOlder Persons (Amendment) Bill, 2024\nClause 13\n\nc\n Introduced\nPage 31\n\nProtection from liability\n17S. (1) A member  of the Tribunal shall not be liable in damages for anything\ndone or omitted in the discharge or purported discharge of the\nmember\u2019s functions, responsibilities, powers and duties under this\nAct unless it is shown that the act or omission was negligent or in bad\nfaith.\n(2) The Government shall indemnify a member of the Tribunal against\nall claims, damages, costs, charges or expenses incurred by the\nmember in the discharge or purported discharge of the member\u2019s\nfunctions, responsibilities, powers and duties under this Act, except\nclaims, damages, costs, charges or expenses caused by the negligence\nor bad faith of that member.\u201d.\n13.\nSubstitution of section 18 - obstruction of authorised persons\n13. The principal Act is amended by repealing section 18 and substituting the following\nsection \u2014\n\u201cObstruction of authorised persons\n18. (1) A person who assaults, obstructs, or knowingly gives false or\nmisleading information to, an authorised person, commits an offence\nand is liable on summary conviction to a fine of five thousand dollars\nor to imprisonment for a term of six months, or to both.\n(2) In this section \u201cauthorised person\u201d, in relation to any act, means a\nperson acting in the performance of that person\u2019s lawful functions\nunder this Act.\u201d.\n14.\nInsertion of sections 18A and 18B - rules of court; appeals of court decisions\n14. The principal Act is amended by inserting after section 18 the following sections \u2014\n\u201cRules of court\n18A. (1) The Rules Committee of the Grand Court may make such rules for\ngiving effect to \u2014\n(a)\nthis Act; or\n(b) the provisions of any statutory instrument made under this Act,\nas appears to the Rules Committee to be necessary or expedient.\n(2) The rules may, in particular, make provision \u2014\n(a)\nwith respect to the procedure to be followed in any relevant\nproceedings (including the manner in which any application is\nto be made or other proceedings commenced);\n\nClause 14\nOlder Persons (Amendment) Bill, 2024\n\nPage 32\n Introduced\nc\n\n(b) as to the persons entitled to participate in any relevant\nproceedings, whether as parties to the proceedings or by being\ngiven the opportunity to make representations to the court;\n(c)\nwith respect to the documents and information to be furnished,\nand notices to be given, in connection with any relevant\nproceedings;\n(d) applying (with or without modification) enactments which\ngovern the procedure to be followed with respect to proceedings\nbrought on a complaint made to a summary court to relevant\nproceedings in such a court brought otherwise than on a\ncomplaint;\n(e)\nfor the service outside the Islands, in such circumstances and in\nsuch manner as may be prescribed, of any notice of proceedings\nin a summary court;\n(f)\nfor the exercise by summary courts, in such circumstances as\nmay be prescribed, of such powers as may be prescribed (even\nthough a party to the proceedings in question is or resides\noutside the Islands);\n(g) enabling the court, in such circumstances as may be prescribed,\nto proceed on any application even though the respondent has\nnot been given notice of the proceedings; and\n(h) authorising a summary court to order any of the parties to such\nrelevant proceedings as may be prescribed, in such\ncircumstances as may be prescribed, to pay the whole or part of\nthe costs of all or any of the other parties.\n(3) In subsection (2) \u2014\n\u201cnotice of proceedings\u201d means a summons or such other notice of\nproceedings as is required; and\n\u201cgiven\u201d, in relation to a summons, means \u201cserved\u201d;\n\u201cprescribed\u201d means prescribed by the rules; and\n\u201crelevant proceedings\u201d means any application made, or\nproceedings brought, under any of the provisions mentioned in\nsubsection (1)(a) and (b) and any part of such proceedings.\n(4) This section is not to be taken as in any way limiting any other power\nof the Rules Committee of the Grand Court.\nAppeals of court decisions\n18B.(1) Subject to any express provisions to the contrary made by or under\nthis Act, an appeal shall lie to the Grand Court against \u2014\n(a)\nthe making by a summary court of any order under this Act; or\n\nOlder Persons (Amendment) Bill, 2024\nClause 15\n\nc\n Introduced\nPage 33\n\n(b) any refusal by a summary court to make such an order.\n(2) Where a summary court has power, in relation to any proceedings\nunder this Act, to decline jurisdiction because it considers that the\ncase can more conveniently be dealt with by the Grand Court, no\nappeal shall lie against any exercise by that summary court of that\npower.\n(3) On an appeal under this section, the Grand Court may make such\norders as may be necessary to give effect to its determination of the\nappeal.\n(4) Where an order is made under subsection (3), the Grand Court may\nalso make such incidental or consequential orders as appears to it to\nbe just.\n(5) Where an appeal from a summary court relates to an order for the\nmaking of periodical payments, the Grand Court may order that its\ndetermination of the appeal shall have effect from such date as it\nthinks fit to specify in the order.\n(6) The date specified under subsection (5) shall not be earlier than the\nearliest date allowed in accordance with rules of court made for the\npurposes of this section.\n(7) Where, on an appeal under this section in respect of an order\nrequiring a person to make periodical payments, the Grand Court\nreduces the amount of those payments or discharges the order \u2014\n(a)\nit may order the person entitled to the payments to pay to the\nperson making them such sum in respect of payments already\nmade as the Grand Court thinks fit; and\n(b) if any arrears are due under the order for periodical payments,\nit may remit payment of the whole, or part, of those arrears.\n(8) Any order of the Grand Court made on an appeal under this section\n(other than one directing that an application be re-heard by a\nsummary court) shall, for the purposes \u2014\n(a)\nof the enforcement of the order; and\n(b) of any power to vary, revive or discharge orders,\nbe treated as if it were an order of the summary court from which the\nappeal was brought and not an order of the Grand Court.\n(9) An appeal of any decision made by the Grand Court shall be made to\nthe Court of Appeal.\u201d.\n15.\nAmendment of Schedule - the Council of Older Persons\n15. The principal Act is amended in the Schedule as follows \u2014\n\nClause 15\nOlder Persons (Amendment) Bill, 2024\n\nPage 34\n Introduced\nc\n\n(a)\nby renumbering the Schedule as Schedule 1;\n(b) by repealing paragraph 1 and substituting the following paragraph \u2014\n\u201cComposition of Council\n1.\n(1) The Council shall consist of \u2014\n(a)\nthe Council Chairperson, who shall be Caymanian as\ndefined in the Immigration (Transition) Act (2022\nRevision);\n(b) the Deputy Council Chairperson;\n(c)\nsix members each of whom, at the date of  appointment, is\nfifty-five years of age or older and representative of each\nof the following districts in the Cayman Islands \u2014\n(i)\nWest Bay;\n(ii) George Town;\n(iii) Bodden Town;\n(iv) North Side;\n(v) East End; and\n(vi) Cayman Brac or Little Cayman;\n(d) a registered practitioner;\n(e)\nan attorney-at-law; and\n(f)\nsix members who are civil servants, being \u2014\n(i)\nthe chief officer of the ministry with responsibility\nfor social development or the chief officer\u2019s\ndesignate in that ministry;\n(ii) the chief officer of the ministry with responsibility\nfor health or the chief officer\u2019s designate in that\nministry;\n(iii) the chief officer of the ministry with responsibility\nfor labour or the chief officer\u2019s designate in that\nministry;\n(iv) the chief officer of the ministry with responsibility\nfor gender affairs or the chief officer\u2019s designate in\nthat ministry;\n(v) the chief officer of the ministry with responsibility\nfor education or the chief officer\u2019s designate in that\nministry; and\n(vi) the Director of the Department or the Director\u2019s\ndesignate in the Department.\n\nOlder Persons (Amendment) Bill, 2024\nClause 15\n\nc\n Introduced\nPage 35\n\n(2) The Cabinet shall appoint the members of the Council named in\nsubparagraph (1)(a) to (e).\n(3) The civil servant members are ex officio members of the Council and\nhave no right to vote.\u201d;\n(c)\nin paragraph 2(2) by inserting after the words \u201cof the Council\u201d the words\n\u201c, other than the civil servant members,\u201d;\n(d) in paragraph 3(3) by inserting after the words \u201cwould have expired\u201d the\nwords \u201cor for a four-year term\u201d;\n(e)\nin paragraph 4 as follows \u2014\n(i)\nby repealing subparagraph (1) and substituting the following\nsubparagraph \u2014\n\u201c(1) The Cabinet may terminate the appointment of a member of the\nCouncil where the member \u2014\n(a)\nbecomes of unsound mind or incapable of carrying out\nthat member\u2019s duties;\n(b) becomes bankrupt, suspends payment to or compounds\nwith that member\u2019s creditors;\n(c)\nis convicted in the Islands or in any other jurisdiction of\nan indictable offence or an offence involving dishonesty\nor fraud;\n(d) commits serious misconduct in relation to that member\u2019s\nduties;\n(e)\nis absent \u2014\n(i)\nin the case of the Deputy Council Chairperson or\nother member, without leave of the Council\nChairperson; or\n(ii) in the case of the Council Chairperson, without leave\nof the Ministry,\nfrom three consecutive meetings of the Council;\n(f)\nfails, without reasonable excuse, to carry out that\nmember\u2019s duties in a reasonable or timely manner;\n(g) fails to make a disclosure in accordance with paragraph\n5(6); or\n(h) behaves in a manner likely to bring the Council into\ndisrepute.\u201d; and\n(ii) by repealing subparagraph (2) and substituting the following\nsubparagraph \u2014\n\nClause 16\nOlder Persons (Amendment) Bill, 2024\n\nPage 36\n Introduced\nc\n\n\u201c(2) Where any member of the Council, other than the civil servant\nmembers, ceases to be a member before the normal expiration\nof the member\u2019s office, the Cabinet, in accordance with this\nAct, may appoint another person to hold that office until the\ntime that the member\u2019s office would have expired or for a fouryear term.\u201d; and\n(f)\nin paragraph 5 as follows \u2014\n(i)\nin subparagraph (1), by deleting the word \u201ctwelve\u201d and substituting\nthe word \u201csix\u201d;\n(ii) in subparagraph (2), by deleting the words \u201cparagraph 1(1)(a) or (b)\u201d\nand substituting the words \u201cparagraph 1(1)(a), (b), (c), (d) or (e)\u201d and\nby inserting after the words \u201cto his\u201d the words \u201cor her\u201d;\n(iii) in subparagraph (3), by deleting the words \u201ceight members\u201d and\nsubstituting the words \u201cmembers other than the civil servant\nmembers\u201d; and\n(iv) by repealing subparagraph (5).\n16.\nInsertion of Schedule 2 - the Older Persons Tribunal\n16. The principal Act is amended by inserting after the Schedule, the following\nSchedule \u2014\n\u201cSCHEDULE 2\n(section 17M(2))\nTHE OLDER PERSONS TRIBUNAL\nComposition of the Tribunal\n1.\n(1) The Tribunal shall consist of the following members, each of whom\nshall be appointed by the Cabinet \u2014\n(a)\na chairperson, who shall be Caymanian as defined in the\nImmigration (Transition) Act (2022 Revision) and an attorneyat-law of at least five years\u2019 experience;\n(b) a deputy chairperson, who shall be an attorney-at-law of at least\nthree years\u2019 experience;\n(c)\na person with at least three years\u2019 experience in finance;\n(d) a person who is a member of the Council for Older Persons; and\n(e)\none other person who shall be a person with at least three years\u2019\nexperience in the disciplines or fields of counselling,\npsychiatry, psychology, social work or therapy.\n\nOlder Persons (Amendment) Bill, 2024\nClause 16\n\nc\n Introduced\nPage 37\n\n(2) A person shall be disqualified from being a member and is not\neligible to be appointed as a member, or having been appointed, is\nnot eligible to continue as a member, if that person is a civil servant.\n(3) Each member of the Tribunal shall be appointed by Cabinet for a\nterm of not less than three years and shall be eligible for reappointment and the Cabinet shall cause notice of such appointment\nor reappointment to be published in the Gazette.\n(4) Where a vacancy exists in the membership of the Tribunal, the\nCabinet shall appoint a person to fill the vacancy in accordance with\nthis paragraph.\nTenure of office\n2.\nThe members of the Tribunal shall hold and vacate office in accordance\nwith this Schedule and the terms of their appointment.\nDecisions of the Tribunal\n3.\n(1) A decision of the Tribunal shall be by a majority of votes of members\npresent and voting, but the chairperson or the person presiding as\nsuch shall not have an original vote, and shall only exercise a casting\nvote in any case in which the votes are equally divided.\n(2) At every meeting of the Tribunal, a quorum shall consist of a simple\nmajority of three members.\nDeclaration of interest\n4.\n(1) A member of the Tribunal who is in any way, either directly or\nindirectly, interested in a matter before the Tribunal shall declare the\nnature of the member\u2019s interest to the Tribunal at the first instance\nwhere it is practicable to do so.\n(2) Where a member declares an interest under subparagraph (1), the\nTribunal shall determine whether or not the member\u2019s interest in the\nmatter, is material and where the Tribunal determines the member\u2019s\ninterest is material, the member shall not sit to hear that particular\nmatter.\nRevocation\n5.\nThe Cabinet shall at any time, in writing, revoke the appointment of a\nmember if, upon evidence, the Cabinet is satisfied \u2014\n(a)\nthat the member is disqualified from being a member;\n(b) that the member is unable to perform the functions of his or her\noffice;\n(c)\nthat the member is guilty of misconduct;\n\nClause 16\nOlder Persons (Amendment) Bill, 2024\n\nPage 38\n Introduced\nc\n\n(d) that the member has been disqualified or suspended on grounds\nof misconduct, by a competent authority, from practising a\nprofession;\n(e)\nthat the member is disqualified on grounds of national security;\nor\n(f)\nthat there is any other sufficient cause.\nVacation of office\n6.\n(1) The office of a member of the Tribunal is vacated upon the death of\nthe member or if the member is or becomes disqualified.\n(2) The Cabinet may terminate the appointment of a member of the\nTribunal where the member \u2014\n(a)\nbecomes of unsound mind or incapable of carrying out that\nmember\u2019s duties;\n(b) becomes bankrupt, suspends payment to or compounds with\nthat member\u2019s creditors;\n(c)\nis convicted in the Islands or in any other jurisdiction of an\nindictable offence or an offence involving dishonesty or fraud;\n(d) commits serious misconduct in relation to that member\u2019s duties;\n(e)\nis absent from three consecutive meetings of the Tribunal \u2014\n(i)\nin the case of the Deputy Tribunal Chairperson or other\nmember, without leave of the Tribunal Chairperson ; or\n(ii) in the case of the Tribunal Chairperson, without leave of\nthe Ministry;\n(f)\nfails, without reasonable excuse, to carry out that member\u2019s\nduties in a reasonable or timely manner;\n(g) fails to make a disclosure of interest; or\n(h) behaves in a manner likely to bring the Tribunal into disrepute.\n(3) A member of the Tribunal may resign the office by instrument in\nwriting addressed to the Cabinet.\n(4) A decision of the Tribunal taken at a hearing is not invalidated merely\nbecause there is a vacancy in membership.\n\nOlder Persons (Amendment) Bill, 2024\nClause 16\n\nc\n Introduced\nPage 39\n\nConfidentiality of the Tribunal\n7.\n(1) The facts and particulars of, or relating to, any matter falling for\nconsideration by the Tribunal or any decision of the Tribunal shall be\ntreated as confidential by each member of, and the secretary to, the\nTribunal and any such facts or particulars shall not be disclosed\notherwise than in the proper performance of duties under this Act or\nin compliance with an order of a court or tribunal of competent\njurisdiction, or where required by law.\n(2) The failure of a member of, or the secretary to, the Tribunal to\ncomply with subparagraph (1) constitutes sufficient ground for the\ntermination of the appointment of the member or the secretary.\n(3) A person who contravenes subparagraph (1) commits an offence and\nis liable on summary conviction to a fine of ten thousand dollars or\nto imprisonment for a term of one year, or to both.\n(4) An allegation of a breach of subparagraph (1) shall be fully\ninvestigated by a police officer.\n(5) In this paragraph \u2014\n\u201ccourt\u201d includes any tribunal, authority or person having power to\nrequire the production of documents or the answering of questions;\nand\n\u201cproduction\u201d includes permitting access to.\u201d.\n Passed by the Parliament the\nday of\n, 2024.\nSpeaker\nClerk of the Parliament","akn_extracted_at":"2026-06-22 15:41:24.353145+00","cms_id":"2024-0012","law_type":"bill","year":"2024","number":"12","title":"Companies Management (Amendment) Act, 2024 (Act 12 of 2024)","status":"bill"},"provenance":{"files":[{"file_id":"7132","expr_id":"2333","kind":"akn_xml","filename":"2024-0012.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2024\/2024-0012\/2024-0012.akn.xml","content_md5":"54c37750af59919d1650b230d02f79f4","byte_size":"73547","http_last_modified":null,"fetched_at":"2026-06-22 15:41:24.547756+00"},{"file_id":"4665","expr_id":"2333","kind":"pristine_pdf","filename":"2024-0012.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2024\/2024-0012\/2024-0012.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/BILLS\/2024\/2024-0012\/2024-0012.pdf","content_md5":"98abe1ad07c736ceb0b0d1cc35e9cd52","byte_size":"512634","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.369634+00"},{"file_id":"4666","expr_id":"2333","kind":"working_pdf","filename":"2024-0012.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2024\/2024-0012\/2024-0012.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2024\/2024-0012\/2024-0012.pdf","content_md5":"98abe1ad07c736ceb0b0d1cc35e9cd52","byte_size":"512634","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.369634+00"}],"paragraph_count":9,"latest_history":null},"quality":{"expr_id":"2333","doc_id":"2333","quality_state":"known_issue","quality_score":"55","needs_human_review":"t","deterministic_categories":"{commencement_metadata_problem,duplicate_text,page_header_footer_noise,title_mismatch}","llm_categories":"{}","repair_actions":"{collapse_duplicate_text,strip_page_furniture,verify_commencement_metadata,verify_title_metadata}","finding_severity_counts":"{\"low\": 2, \"high\": 1, \"medium\": 1}","finding_summary":"stored title is not visible in the opening extracted text; 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