Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

7 Meaning of intellectual disability


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


results in significantly sub-average general intelligence; and


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


became apparent during the developmental period of the person.


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


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—


as 70 or less; and


with a confidence level of not less than 95%.


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






home living:


social skills:


use of community services:




health and safety:


reading, writing, and arithmetic:


leisure and work.


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


This section is subject to section 8.