4Meaning of person responsible

4 Meaning of person responsible

(1)  In this Act, person responsible for another person means  –

(a) where the other person is under the age of 18 years and has a spouse, the spouse; or

(b) where the other person is under the age of 18 years and has no spouse, his or her parent; or

(c) where the other person is of or over the age of 18 years, one of the following persons, in order of priority:

(i) [Section 4 Subsection (1) amended by No. 21 of 2023, s. 6, Applied:01 Sep 2024] the other person's guardian, if the order or instrument appointing the guardian provides authority for the guardian to make the relevant decision;

(ii) [Section 4 Subsection (1) amended by No. 21 of 2023, s. 6, Applied:01 Sep 2024] the other person’s spouse;

(iii) the person having the care of the other person;

(iv) [Section 4 Subsection (1) amended by No. 30 of 2015, s. 5, Applied:06 Oct 2015] [Section 4 Subsection (1) amended by No. 21 of 2023, s. 6, Applied:01 Sep 2024] a close family member of the other person; or

(d) [Section 4 Subsection (1) amended by No. 30 of 2015, s. 5, Applied:06 Oct 2015] in relation to an intimate forensic procedure, or a non-intimate forensic procedure, in respect of the other person, to which a request under subsection (1A) relates, the Public Guardian.

(1A)  [Section 4 Subsection (1A) inserted by No. 30 of 2015, s. 5, Applied:06 Oct 2015] A police officer or registered practitioner may, by notice to the Public Guardian, request the Public Guardian to become the person responsible for a person in relation to an intimate forensic procedure or a non-intimate forensic procedure in respect of the person if –