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S.M. 2011, c. 26

Bill 36, 5th Session, 39th Legislature

The Adult Abuse Registry Act and Amendments to The Vulnerable Persons Living with a Mental Disability Act

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PART 1
DEFINITIONS
1 Definitions
2 Reference to "this Act" includes regulations
PART 2
ADULT ABUSE REGISTRY COMMITTEE
3 Adult Abuse Registry Committee established
4 (1) Members
(2) Criteria for appointment
5 Term and re-appointment
6 Remuneration and expenses
7 Member continues to hold office
8 Chair and vice-chair
9 Duties of vice-chair
10 Staff
11 Responsibilities of the committee
12 Procedural rules
13 Committee to sit in panels
14 Assigning members to panels
15 Quorum
16 (1) Jurisdiction of panel
(2) Decisions of panel
REVIEW BY COMMITTEE
17 Committee to review designated officer's report
18 Further information
19 Opportunity to provide information to committee
20 Information reviewed
21 (1) Action by committee
(2) Reporting particulars of abuse or neglect
22 (1) Committee report
(2) Giving report
(3) Additional information to registrar
23 Review procedures by committee
PART 3
ADULT ABUSE REGISTRY
24 Adult Abuse Registry established
25 (1) Appointment of registrar
(2) Duties of registrar
(3) Registrar may delegate
(4) Staff
ENTERING NAMES IN REGISTRY
26 Notice of intent to register
27 Objecting to entry in registry
28 Parties to court application
29 If no objection filed
30 (1) Court hearing if objection filed
(2) Public hearing
(3) Exclusion of public
31 (1) Decision of court
(2) No appeal
32 Report to registrar by court after hearing
33 Entering name in registry after court hearing
34 Report to registrar by court re conviction
35 Report to registrar by peace officer re conviction
36 (1) Report to registrar by designated officer re conviction
(2) Where report is not required
37 Entering names of offenders in registry
REMOVING NAMES FROM REGISTRY
38 Removing abuser's name and other information from registry
PART 4
CONFIDENTIALITY OF REGISTRY INFORMATION AND ACCESS TO REGISTRY
CONFIDENTIALITY OF REGISTRY INFORMATION
39 Conflict with Freedom of Information and Protection of Privacy Act
40 (1) Confidentiality of information
(2) Exceptions
ACCESS TO REGISTRY
41 (1) Information in registry confidential
(2) Access by designated officers
(3) Access by peace officers
(4) Access by employers and others
42 Access to person named in registry
43 (1) Objection to information by person given access
(2) Information becomes part of record
(3) Correction of factual error
PART 5
GENERAL PROVISIONS
LIABILITY PROTECTION
44 Liability protection
ANNUAL REPORTS
45 (1) Annual reports
(2) Identifying information not to be disclosed
(3) Reports included in department's annual report
REGULATIONS
46 (1) Regulations
(2) General or specific application
AMENDMENTS TO THE VULNERABLE PERSONS LIVING WITH A MENTAL DISABILITY ACT
47 (1) C.C.S.M. c. V90 amended
(2)
(3)
20.1 Abuse or neglect of vulnerable person prohibited
20.2 Duty to protect vulnerable person from abuse or neglect
(4)
21 (1) Duty to report abuse or neglect
(5)
21.1 Protection from liability
21.2 Adverse employment action prohibited
(6)
(7)
25.1 (1) Report regarding professional, etc.
(2) Requirement to investigate
25.2 Report to employer
25.3 (1) Reporting abuse or neglect to adult abuse registry committee
(2) Additional information about report for committee
(8)
(9)
160.1 Confidentiality re person who reports abuse or neglect
(10)
(11)
(12)
(13)
(1.1) Onus
(14)
(2) Penalties
(15)
(3) Prosecution within two years
C.C.S.M. REFERENCE AND COMING INTO FORCE
48 C.C.S.M. reference
49 Coming into force