Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

If you need more information about this Act, please contact the administering agency: Ministry of Health
6 Meaning of care recipient and related terms

(1)

Care recipient means a person who is—

(a)

a special care recipient; or

(b)

a care recipient no longer subject to the criminal justice system.

(2)

Special care recipient means—

(a)

a person who is liable to be detained in a secure facility under an order made under—

(i)

section 24(2)(b) or section 38(2)(c) or section 44(1) of the Criminal Procedure (Mentally Impaired Persons) Act 2003; or

(ii)

section 171(2) of the Summary Proceedings Act 1957; or

(b)

a person who is remanded to a secure facility under an order made under section 23 or section 35 of the Criminal Procedure (Mentally Impaired Persons) Act 2003; or

(c)

a person who is liable to be detained in a secure facility under an order made under section 34(1)(a)(ii) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 and who has not ceased, under section 69(3), to be a special care recipient; or

(d)

a person who—

(i)

is liable to be detained in a secure facility under a compulsory care order, made under section 45; and

(ii)

is also liable to detention under a sentence; and

(iii)

has not ceased, under section 69(3), to be a special care recipient; or

(e)

a prisoner who is required, under section 35, to stay in a facility; or

(f)

a person who, in accordance with section 47A(5) of the Mental Health (Compulsory Assessment and Treatment) Act 1992, must be held as a special care recipient.

(3)

Care recipient no longer subject to the criminal justice system means a person who—

(a)

is, or continues to be, subject to a compulsory care order, made under section 45, but is not, or is no longer, liable to be detained under a sentence; or

(b)

is subject to an order made under section 25(1)(b) or section 34(1)(b)(ii) of the Criminal Procedure (Mentally Impaired Persons) Act 2003; or

(c)

is subject to a compulsory care order resulting from the operation of section 69(3) or section 94(1); or

(d)

is a former special patient who is required, under section 35, to stay in a facility.

(4)

Proposed care recipient means a person—

(a)

who is being assessed under Part 3 or Part 4; or

(b)

in respect of whom an application for a compulsory care order is pending before the Family Court.

(5)

In Parts 2, 3, and 9, a reference to a care recipient includes a reference to a proposed care recipient.

(6)

Care recipient liable to detention under a sentence means a special care recipient to whom subsection (2)(c) or (d) applies.

Section 6(2)(e): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).