Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

7 Meaning of intellectual disability

(1)

A person has an intellectual disability if the person has a permanent impairment that—

(a)

results in significantly sub-average general intelligence; and

(b)

results in significant deficits in adaptive functioning, as measured by tests generally used by clinicians, in at least 2 of the skills listed in subsection (4); and

(c)

became apparent during the developmental period of the person.

(2)

Wherever practicable, a person’s general intelligence must be assessed by applying standard psychometric tests generally used by clinicians.

(3)

For the purposes of subsection (1)(a), an assessment of a person’s general intelligence is indicative of significantly sub-average general intelligence if it results in an intelligence quotient that is expressed—

(a)

as 70 or less; and

(b)

with a confidence level of not less than 95%.

(4)

The skills referred to in subsection (1)(b) are—

(a)

communication:

(b)

self-care:

(c)

home living:

(d)

social skills:

(e)

use of community services:

(f)

self-direction:

(g)

health and safety:

(h)

reading, writing, and arithmetic:

(i)

leisure and work.

(5)

For the purposes of subsection (1)(c), the developmental period of a person generally finishes when the person turns 18 years.

(6)

This section is subject to section 8.