What is a protected person in Australia?

For aged care legislation purposes, a protected person is: • your partner or dependent child • your carer1 who is eligible to receive an Australian Government income support payment and who has lived in your home with you for the past 2 years • your close relative who is eligible to receive an Australian Government …

What does Protected Person mean in Australia?

A protected person is somebody who is no longer capable of managing their own affairs and where one of the following has been put in place: an Administration Order by SACAT (under the Guardianship and Administration Act 1993) a Protection Order by a Court (under the Aged and Infirm Persons’ Property Act 1940)

What is considered a protected person?

Protected persons is a legal term under international humanitarian law and refers to persons who are under specific protection of the 1949 Geneva Conventions, their 1977 Additional Protocols, and customary international humanitarian law during an armed conflict.

How do you become a protected person?

To be eligible, a protected person must:

  1. have a Notice of Decision issued by the Immigration and Refugee Board or Protected persons status document issued by Citizenship and Immigration Canada;
  2. have a Social Insurance Number; and.
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What is a protected person in NSW?

“protected person” means a person in respect of whom an order is in force under Part 4.2 or 4.3 or the Guardianship Act 1987 that the whole or any part of the person’s estate be subject to management under this Act.

Are civilians protected persons?

The basic definition of protected persons under the fourth Geneva Convention is the following: “Protected persons” are civilians who find themselves in the hands of a party to the conflict of which they are not nationals. … The nationals of neutral states remain protected persons in occupied territory.

Who is a protected person for aged care?

For aged care legislation purposes, a protected person is: • your partner or dependent child • your carer1 who is eligible to receive an Australian Government income support payment and who has lived in your home with you for the past 2 years • your close relative who is eligible to receive an Australian Government …

Who are protected persons under international humanitarian law?

IHL protects refugees, internally displaced people and those who have gone missing as a result of armed conflict. It also protects humanitarian workers such as ICRC staff and the personnel of individual Red Cross or Red Crescent Societies.

Is a protected person a refugee?

Protected person – according to Canada’s Immigration and Refugee Protection Act, a person who has been determined by Canada to be either (a) a Convention Refugee or (b) a person in need of protection (i.e. a person who may not meet the Convention definition but is in a refugee-like situation defined in Canadian law as …

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Can a protected person be deported?

As a rule, protected persons cannot be deported to countries where they would be at risk of persecution, torture, or cruel and unusual treatment or punishment. But there are exceptions to this rule so a protected person might still be at risk of removal because of a criminal conviction.

Is protected person temporary resident?

Protected Temporary Residents are individuals who are admitted to the country on a temporary resident permit, and who have been deemed to be in urgent need of protection. Again, these applicants have the right to apply for official permanent residency, based on the prescribed application requirements.

Can a protected person breach an AVO?

It is a criminal offence if the defendant breaches an AVO. A protected person cannot breach an apprehended violence order because the order is merely there for their protection. … A defendant may consent to an AVO being made, however a protected person cannot consent to an AVO being breached.

Can a protected person breach an AVO NSW?

A person who has an AVO against them is not guilty of a criminal offence and so the AVO is not listed on their criminal record. However, breaching an AVO in NSW is a criminal offence. Upon breaching an AVO and being charged by the police, the police may arrest you or issue you with a Court Attendance Notice (CAN).

Can the protected person contact the respondent?

while a victim may have genuinely consented to contact with the respondent of a protection order, such consent can never be taken to extend to physical or non-physical violence or abuse committed in breach of the order.

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