Cap. 659 Art. 14Right to information.    Cap. 12. 14 [CAP.

(1) In conducting an investigation in relation to an adult, the Joint Committee may:

(a) request that the adult participate in a holistic functional and needs assessment, following the same procedures laid out in article 519E of the Code of Organization and Civil Procedure in such case, however, simply as a descriptive assessment towards granting assistance or protection in terms of this Act, and not for diagnostic or other purposes:

Provided that such assessment shall focus on the causes leading to different situations of vulnerability that a person may be facing, in order to be able to eventually address the said causes, without making any assumptions about the person’s capabilities and, or functional skills;

(b) interview persons who may have information that is relevant to the investigation;

(c) solicit, accept and review reports and information, which are strictly necessary for the fulfilment of this Act from:

(i) a health or social care provider or other person who, or agency that, has provided services to the adult; or

(ii) a person who manages the adult’s financial affairs, business or other assets;

(d) require a person or agency, including a law 659.] VULNERABILITY enforcement agency, to provide information or produce records of documents in such person’s or agency’s possession or control which, in the opinion of the Joint Committee, may be relevant to the investigation;

(e) require the production of medical, financial or other records regarding the adult.

(2) For the purpose of sub-article (1) the Joint Committee’s right to information prevails over every:

(a) claim of confidentiality or privilege, except that of a lawyer-client privilege, or of the privileged relationship between the adult themselves and a health and social care provider, in which case the consent of the adult would be required, unless obtaining such consent would not be practicable, in which case the Joint Committee is to apply a best interpretation determination in respect of such consent; and

(b) restriction in an enactment or any other law about disclosure or confidentiality of information.

(3) Any person who, or agency that, has custody or control of information that the Joint Committee is entitled to in terms of sub-article (1) shall provide that information on request.