Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

  • not the latest version

Reprint as at 1 August 2008

Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Public Act2003 No 116
Date of assent30 October 2003
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

Contents

1 Title

Part 1
Preliminary provisions

2 Commencement

3 Purposes

4 Outline

5 Interpretation

6 Meaning of care recipient and related terms

7 Meaning of intellectual disability

8 Persons who do not have intellectual disability

9 Meaning of facility and secure facility

10 Act binds the Crown

Part 2
Principles and general duties

11 Principles governing exercise of powers under this Act

12 Principles governing decisions affecting children and young persons

13 Powers to be exercised with proper respect for cultural identity and personal beliefs

14 Interpreters to be provided

Part 3
Needs assessments and care and rehabilitation plans

Assessment of care and rehabilitation needs

15 Needs assessments required for certain care recipients

16 Purposes of needs assessment

17 When needs assessment process to be commenced

18 How needs assessment process to be commenced

19 Maximum period for needs assessment and preparation of care and rehabilitation plan

20 Co-ordinator to consult assessors

21 Co-ordinator to consult with persons concerned with welfare of care recipient

22 Case conferences

23 Cultural assessment

Care and rehabilitation plan

24 Care and rehabilitation plan to be prepared for care recipient

25 Care and rehabilitation plan to identify personal needs of care recipients

26 Care programme

27 Other matters

28 Care and rehabilitation plan may be varied

Part 4
Compulsory care and rehabilitation of prisoners and former special patients

Subpart 1—Assessment of prisoners and former special patients

29 Application for assessment of prisoner or former special patient

30 Matters to be stated in application

31 Application to be accompanied by certificate

32 Arrangements for assessment

33 Assessment of child or young person

34 Timing for, and place of, assessment

35 Proposed care recipients may have to stay in facility

36 Prisoners to appear in court

37 Assessment examination

38 Result of assessment

Subpart 2—Compulsory care orders for prisoners and former special patients

Applications for compulsory care orders

39 Conditions for applications under this subpart

40 Matters to be set out in application

Visit by Judge

41 Judge to examine proposed care recipient

42 Visiting Judge may order withdrawal of application

Making compulsory care order

43 Visiting Judge, wherever possible, to hear application

44 Court to consider proposed care recipient's condition

45 Jurisdiction to make compulsory care order

46 Term of compulsory care order

Part 5
Status and rights of care recipients

Subpart 1—General status and specific rights

Status generally

47 Requirement to accept care

Specific rights of care recipients

48 Care recipients are consumers under Code of Health and Disability Services Consumers' Rights

49 General rights to information

50 Respect for cultural identity

51 Medical treatment

52 Rights in case of visual or audio recording

53 Right to independent health and disability advice

54 Right to legal advice

55 Right to company

56 Right to receive visitors and communicate orally with persons outside facility

57 Right to receive and send written communications and other items

58 Written communications or other items not to be intercepted if sent by or to certain office holders

59 Procedure where written communications or other items intercepted

Subpart 2—Specific powers exercisable over care recipients

60 Seclusion

61 Restraint of care recipients

62 Enforced medical treatment

Subpart 3—Requirement to stay in designated facilities or places

Placement of care recipients

63 Designation notices relating to secure care

64 Directions relating to supervised care

Leave for care recipients no longer subject to criminal justice system

65 Care manager may grant leave

Leave for special care recipients

66 Minister may authorise leave for special care recipients

67 Director-General may authorise short-term leave

Subpart 4—Status of special care recipients subject to sentences

68 When liability to detention under sentence ceases

69 Relationship between detention in secure facility and sentence

70 Care recipient whose status changes under section 69 to be held in secure care

71 Former care recipients subject to sentence to be taken to prison

Part 6
Reviews of condition and status of care recipients

Subpart 1—Initial review of care and rehabilitation plan or compulsory care order

72 Co-ordinator to report to Family Court on appropriateness of order and plan

73 Co-ordinator must send copy of report to certain persons

74 Review by Family Court

75 Family Court may call for reports

76 Family Court may make recommendations

Subpart 2—Condition of every care recipient to be reviewed

77 Regular clinical reviews of care recipients

78 Reviews undertaken by specialist assessors

79 Specialist assessor to issue certificate

80 Specialist assessor to send certificate and reports to certain persons

81 Co-ordinator to send copy of certificate to certain persons

Subpart 3—Change in status of care recipient no longer subject to criminal justice system and special care recipients liable to detention under sentence

Form of certificate

82 Form of clinical review certificate for care recipients no longer subject to criminal justice system and care recipients liable to detention under sentence

Release from compulsory care

83 Status on expiry of term of compulsory care order

84 Cancellation of court orders of certain care recipients

Continuation of compulsory care

85 Extension of compulsory care order

86 Co-ordinator may seek variation of compulsory care order

87 Court may defer expiry of order if application for extension pending

88 Co-ordinator and Court to have regard to specialist assessor's certificate

Subpart 4—Status of certain special care recipients

Special care recipients detained because unfit to stand trial

89 Form of clinical review certificate for special care recipients detained because unfit to stand trial

90 Attorney-General to be notified if special care recipient considered fit to stand trial

91 Ministers to be notified if care for person as special care recipient considered no longer necessary

Special care recipients detained because acquitted on account of insanity

92 Form of clinical review certificate for special care recipients detained because acquitted on account of insanity

93 Where person considered not to require further care as special care recipient

Change of status of certain special care recipients resulting from ministerial directions or court order

94 Status of special care recipients found unfit to stand trial or insane

Part 7
Inspections and inquiries

Subpart 1—Inspections, investigations, and inquiries by district inspectors

Inspections

95 Visits by district inspectors

96 Inspectors' access to persons and documents

Complaints about breaches of rights

97 Complaint of breach of rights

98 Investigation by district inspector

99 Care recipient to be informed of outcome of investigation

100 Duty of care manager to put things right

Inquiries by district inspectors

101 Inquiries by district inspector

Subpart 2—Inquiry by High Court Judge

102 Judge may call for report on care recipient or summon care recipient

103 Judge may summon witnesses

104 Judge may release care recipient no longer subject to criminal justice system

105 Orders Judge may make in relation to special care recipient detained because unfit to stand trial

106 Orders Judge may make in relation to special care recipient detained because acquitted on account of insanity

107 Judge may report to Minister

108 Other remedies still available

Part 8
Authority to take and detain care recipients

Authority to detain under court orders

109 Authority to admit and detain under orders

Authority to take care recipients who escape

110 Meaning of care recipient who has escaped

111 Power to retake care recipient absent without authority

112 Warrant to enter and search places to retake escaped care recipients

113 Entry of place without warrant

114 Matters to be observed when place entered

Protection from criminal responsibility

115 Matters of justification or excuse

Part 9
Procedural provisions

Which court?

116 Jurisdiction of Family Court

Persons entitled to be heard

117 Persons entitled to be heard on applications

118 Specialist assessors and care managers entitled to appear and be heard on certain applications

119 Entitlement to be served with application

120 Obligations of district inspector on receiving copy of application

121 Attendance at hearing by care recipient and person in support

122 Excusing or excluding care recipient

123 Representation of persons entitled to be heard, and special rights of care recipient

124 Appointment by Court of lawyer to represent care recipient

125 Court may call for report on care recipient

126 Evidence on report

127 Court not bound by rules of evidence

128 Power of Court to call witnesses

129 Proceedings not open to public

130 Restriction of publication of reports of proceedings

131 Court may dispense with hearing in certain circumstances

132 Care recipient to be given copy of order

Appeals

133 Appeals from decisions of Family Courts

134 Further appeal to Court of Appeal

135 Orders stay in force during appeal

Part 10
Relationship with other Acts

136 Application to mentally disordered persons

137 Orders under Protection of Personal and Property Rights Act 1988

138 Orders under Children, Young Persons, and Their Families Act 1989

139 Certain orders under Criminal Procedure (Mentally Impaired Persons) Act 2003 prevail over orders under this Act

Part 11
Administration

Co-ordinators, care managers, and district inspectors

140 Compulsory care co-ordinators

141 Designation of care manager

142 Co-ordinator or care manager may delegate powers

143 Status of delegations

144 Designation of district inspectors

145 No proceedings against district inspectors unless bad faith shown

146 Designation of specialist assessors and medical consultants

147 Director-General of Health may call for reports

147A Crimes of Torture Act 1989 not limited

Standards, rules, and regulations

148 Director-General may promulgate guidelines and standards

149 Rules

150 Regulations

Reprint notes

The Parliament of New Zealand enacts as follows: