Application on behalf of incapacitated applicant
161. Where a person is unable to make an application (whether by reason of physical or mental infirmity or for any other reason), the application may be made on his behalf—
- (a) with the permission of the Council, by any family member or other relative of the person; or
- (b) by any person appointed by the Minister.
Grounds for making family exclusion order
162.—(1) On an application referred to a Committee under section 159(2), the Committee may make a family exclusion order against a respondent if—
- (a) there is a reasonable apprehension that the respondent may cause serious harm to family members because of his gambling;
- (b) the Committee is satisfied that the making of the order is appropriate in the circumstances;
- (c) the respondent has been given an opportunity to object to the application; and
- (d) the Committee is satisfied that it would be in the best interests of the respondent and his family members to make the order.
(2) For the purposes of this Part, a respondent is to be regarded as having caused serious harm to family members because of his gambling if the respondent—
- (a) has engaged in gambling activities irresponsibly having regard to the needs and welfare of the respondent’s family members; and
- (b) has done so repeatedly over a period of not less than 3 months or in a particularly irresponsible manner over a lesser period.
(3) A Committee may decide that there is a reasonable apprehension that a respondent may cause serious harm to family members because of his gambling if the Committee is satisfied that—
- (a) the respondent has caused such harm prior to the complaint, according to the test set out in subsection (2); and
- (b) there is reason to believe that the respondent’s irresponsible gambling behaviour will continue or recur.
