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) [*\[Section 4 Subsection (1) amended by No. 21 of 2023, s. 6, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS6@Hpa@EN) the other person's guardian, if the order or instrument appointing the guardian provides authority for the guardian to make the relevant decision; > > > > > > > > > > > (ii) [*\[Section 4 Subsection (1) amended by No. 21 of 2023, s. 6, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS6@Hpa@EN) the other person’s spouse; > > > > > > > > > > > (iii) the person having the care of the other person; > > > > > > > > > > > (iv) [*\[Section 4 Subsection (1) amended by No. 30 of 2015, s. 5, Applied:06 Oct 2015\]*](/view/html/inforce/2015-10-06/act-2015-030#GS5@Hpa@EN) [*\[Section 4 Subsection (1) amended by No. 21 of 2023, s. 6, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS6@Hpb@EN) a close family member of the other person; or > > > > > > > (d) [*\[Section 4 Subsection (1) amended by No. 30 of 2015, s. 5, Applied:06 Oct 2015\]*](/view/html/inforce/2015-10-06/act-2015-030#GS5@Hpb@EN) 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)](#GS4@Gs1A@EN) relates, the Public Guardian. > > > (1A)  [*\[Section 4 Subsection (1A) inserted by No. 30 of 2015, s. 5, Applied:06 Oct 2015\]*](/view/html/inforce/2015-10-06/act-2015-030#GS5@Hpc@EN) 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 – > > > > > > (a) the person is a person to whom [Part 6](#HP6@EN) applies; and > > > > > > > (b) [*\[Section 4 Subsection (1A) amended by No. 21 of 2023, s. 6, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS6@Hpc@EN) the police officer or registered practitioner reasonably believes that the carrying out of the procedure on the person, by a person authorised to carry out the procedure under [section 40](/view/html/inforce/2026-04-12/act-2000-101#GS40@EN) of the [Forensic Procedures Act 2000](/view/html/inforce/2026-04-12/act-2000-101) , is necessary in the circumstances; and > > > > > > > (c) the police officer or registered practitioner is satisfied as to the relevant matters in relation to the person. > > > (1B)  [*\[Section 4 Subsection (1B) inserted by No. 30 of 2015, s. 5, Applied:06 Oct 2015\]*](/view/html/inforce/2015-10-06/act-2015-030#GS5@Hpc@EN) For the purposes of [subsection (1A)(c)](#GS4@Gs1A@Hpc@EN) , the relevant matters in relation to a person are that – > > > > > > (a) another person, who is not the Public Guardian and who is the person responsible for the person – > > > > > > > > > > (i) has refused to consent to the carrying out of the intimate forensic procedure or non-intimate forensic procedure on the person; or > > > > > > > > > > > (ii) is unavailable or inaccessible and his or her consent cannot be sought within a reasonable time; or > > > > > > > (b) there is no person responsible for the person who is not the Public Guardian; or > > > > > > > (c) [*\[Section 4 Subsection (1B) amended by No. 21 of 2023, s. 6, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS6@Hpd@EN) it is not appropriate in the circumstances for the consent, of a person who is not the Public Guardian and who is a person responsible for the person, to be sought. > > > (2)  [*\[Section 4 Subsection (2) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003\]*](/view/html/inforce/2003-04-16/act-2003-009#JS1@Ja24@GC1@EN) If a person is under the guardianship of the Secretary of the department administering the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) pursuant to a care and protection order made under that Act, the Secretary of that department is, notwithstanding [subsection (1)](#GS4@Gs1@EN) , taken to be the person responsible for him or her. > > > (3)  The circumstances in which a person is to be regarded as having the care of another person include, but are not limited to, the case where the person, otherwise than for remuneration (whether from the other person or any other source), regularly  – > > > > > > (a) provides domestic services and support to the other person; or > > > > > > > (b) arranges for the other person to be provided with domestic services and support. > > > (4)  A person who resides in a hospital, nursing home, group home, boarding-house or hostel or any other similar facility at which he or she is cared for by some other person is not, by reason only of that fact, taken to be in the care of that other person and is taken to remain in the care of the person in whose care he or she was immediately before residing in the facility. > > > (5)  For the purposes of this section  – > > > > > > (a) a reference to a spouse is to be read as a reference to a spouse who is not under guardianship and with whom the relevant person has a close and continuing relationship; and > > > > > > > (b) [*\[Section 4 Subsection (5) amended by No. 21 of 2023, s. 6, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS6@Hpe@EN) a person is taken to be a close family member of another person if the person maintains both a close personal relationship with the other person through frequent personal contact and a personal interest in the other person's welfare; and > > > > > > > (ba) [*\[Section 4 Subsection (5) amended by No. 21 of 2023, s. 6, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS6@Hpf@EN) where more than one person would qualify as a spouse, spouse means only the last person to so qualify; and > > > > > > > (c) [*\[Section 4 Subsection (5) amended by No. 21 of 2023, s. 6, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS6@Hpg@EN) a person is taken not to be a close family member if the person is receiving remuneration (whether from the person or some other source) for any services that he or she performs for the other person in relation to the person's care; and > > > > > > > (d) a reference to remuneration is to be read as not including a reference to a carer's pension; and > > > > > > > (e) [*\[Section 4 Subsection (5) amended by No. 21 of 2023, s. 6, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS6@Hph@EN) the President may issue guidelines, not inconsistent with this section, specifying the circumstances in which a person is to be regarded as a close family member of another person.