Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

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This version was reprinted on 24 May 2016 to make a correction to section 63(2) under section 25(1)(j)(ii) of the Legislation Act 2012.

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Reprint as at 5 August 2013

Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Public Act		2003 No 116
Date of assent		30 October 2003
Commencement		see section 2

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Health.

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	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

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Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

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