Chapter 17:11 Older Persons Act as at 15th September 2016 Act 1/2012 unless such denial is motivated by a genuine concern for the safety of the older person concerned; or (b) the provision of any service or amenity ordinarily provided to members of the public; unless such denial is motivated by a genuine concern for the safety of the older person concerned; or (c) access to social and legal services to enhance his or her autonomy, protection and care to which members of the public are ordinarily granted access; or (d) access to schemes, projects or income-generating opportunities to which members of the public are generally granted access. (2) No older person residing in any home, hospital, accommodation, nursing home or clinic controlled or managed by the State or registered in terms of the Medical Services Act [Chapter 15:13], the Private Voluntary Organisations Act [Chapter 17:05], the Health Professions Act [Chapter 27:19]or any other law, shall be denied his or her fundamental rights and freedoms under the Constitution or the enjoyment or exercise thereof to the extent that he or she is able to enjoy or exercise them, and every such older person shall be accorded full respect for his or her dignity, beliefs, needs and privacy, and for his or her right (subject to such reasonable restrictions as are made by the responsible authority of the home, hospital, accommodation, nursing home or clinic concerned in the interests of the health, welfare or safety of older persons as a whole) to make decisions about his or her care and the quality of his or her life. (3) The proprietor of a premises referred to in subsection (1)(a) shall not have the right on the ground of an adult person’s age alone to reserve right of admission to his or her premises against such a person. (3) An older person— (a) who is denied admission into or access to any premises or service, amenity, scheme or project referred to in subsection (1); or (b) whose rights, freedoms, dignity, privacy or autonomy are violated or denied in contravention of subsection (2); shall be deemed to have suffered an injuria and shall, in addition to any other legal remedy that may be available to him or her, have the right to recover damages in any court of competent jurisdiction. PART VI GENERAL 13 Offences and penalties (1) Any person who⎯ (a) fails to comply with an adjustment order, or (b) wilfully denies to an older person, on the ground of his or her age alone⎯ (i) admission to any premises to which members of the public are ordinarily admitted; or (ii) the provision of any service or amenity ordinarily provided to members of the public; for any reason other than one motivated by a genuine concern for the safety of the older person concerned; shall be guilty of an offence and liable to a fine not exceeding level eight or to imprisonment for a -9-