A manager of a prison may apply to the co-ordinator to have a prisoner assessed under this subpart, if there are reasonable grounds for believing that the prisoner has an intellectual disability.

A Director of Area Mental Health Services under the Mental Health (Compulsory Assessment and Treatment) Act 1992 may apply to the co-ordinator to have a former special patient assessed under this subpart, if there are reasonable grounds for believing that the patient has an intellectual disability.

A manager may authorise any staff member of the prison to make the application referred to in subsection (1).

An application under section 29 must be in writing, and must set out the applicant’s reasons for believing that the person to be assessed has an intellectual disability.

Every application under section 29 must be accompanied by a certificate of a person who—

Every certificate given under subsection (1) must state—

The co-ordinator initiates an assessment of a person who is to be assessed—

Whenever practicable, a specialist assessor who practises in the field of child and adolescent disability must be involved in the assessment of a child or young person.

The assessment of a proposed care recipient must take place within 7 days after the receipt of the application under section 29.

If the assessment is to be conducted in a facility, the proposed care recipient may be taken under the direction of the appropriate manager or the Director of Area Mental Health Services to the facility for the purposes of the assessment, and may also be taken back, under the direction of the manager or the Director of Area Mental Health Services, to the place where the proposed care recipient is held.

A prisoner who is taken to a facility under subsection (2) may not stay in the facility overnight, except in accordance with a notice given under section 35.

The co-ordinator may notify the appropriate manager or Director of Area Mental Health Services that the prisoner or former special patient must stay in a specified facility during 1 or more of the following periods:

Unless notice is given under subsection (1), a prisoner who is being assessed in a facility continues to be in legal custody under the Corrections Act 2004, even though the prisoner is absent from the prison.

During the period or periods specified in a notice under subsection (1), the prisoner to whom the notice relates is in the legal custody of the care manager designated for the prisoner under section 32(a) and ceases to be in the legal custody of the manager concerned.

The fact that a prisoner who is charged with, or convicted of, an offence is also a proposed care recipient or a care recipient does not—

The specialist assessor or assessors designated under section 32(b) must conduct an assessment examination—

Unless consultation is not practicable, the specialist assessor or one of the assessors involved in the assessment examination must consult with the following persons about the proposed care recipient’s condition and background:

On finishing the assessment of a proposed care recipient, the specialist assessor or assessors designated under section 32(b) must set out in a report to the co-ordinator their assessment of the matters stated in section 37(1).

If more than 1 specialist assessor has been designated under section 32(b) to assess a proposed care recipient, the assessment is effective only if every designated assessor concurs with the assessment.

If the assessment does not indicate that the person concerned has an intellectual disability, the co-ordinator must immediately—

If the assessment indicates that the proposed care recipient has an intellectual disability, the co-ordinator must, without undue delay, initiate a process for assessing his or her care needs under Part 3.

An application for a compulsory care order may be made under this subpart only for a proposed care recipient—

When the proposed care recipient’s care and rehabilitation plan has been completed, the co-ordinator must decide whether to apply for a compulsory care order for the proposed care recipient.

When the co-ordinator has made a decision under subsection (2), the co-ordinator must notify in writing the following persons of the decision:

The co-ordinator must sign and date a notice given under subsection (3).

If the co-ordinator decides not to apply for a compulsory care order for a person who, at the time of the decision, is not in the control of the appropriate manager or Director of Area Mental Health Services, as the case requires, the co-ordinator must return the person to the control of the appropriate person.

When the co-ordinator applies for a compulsory care order for a proposed care recipient, the co-ordinator must support the application by an affidavit that sets out the co-ordinator’s reasons for considering that the proposed care recipient has an intellectual disability.

Every application under subsection (1) must be accompanied by the following:

If an application is made for a compulsory care order for a proposed care recipient, a Family Court Judge must examine the proposed care recipient as soon as practicable and in no case later than 14 days after the application is filed in the court.

Subsection (1) does not prevent a Family Court Judge from completing an examination of the proposed care recipient under that subsection later than 14 days after the filing of the application in respect of the proposed care recipient.

The examination must be conducted—

Before and during the examination, the Judge must (so far as that is appropriate and can be done)—

As well as examining the proposed care recipient, the Judge must consult with the co-ordinator and with at least 1 specialist assessor involved in the case and may consult with any other person that the Judge thinks fit concerning the proposed care recipient’s condition.

If after examining, under section 41, a proposed care recipient the Judge is satisfied that the care recipient does not require a compulsory care order, the Judge may direct that the co-ordinator withdraw the application for the compulsory care order; and if the proposed care recipient is staying in a facility, he or she must be returned to the control of the appropriate manager or to the control of the Director of Area Mental Health Services, as the case requires.

The Judge who examines a proposed care recipient under section 41 must, wherever possible, conduct any hearing of the application for a compulsory care order in respect of that proposed care recipient.

An application for a compulsory care order—

On an application for a compulsory care order, the Family Court must determine whether or not the proposed care recipient has an intellectual disability.

If the court considers that the proposed care recipient has an intellectual disability, it must determine whether or not, having regard to all the circumstances of the case, it is necessary to make a compulsory care order.

The Family Court may, on an application of the co-ordinator, make a compulsory care order in respect of a proposed care recipient if the court is satisfied that the proposed care recipient—

On an application under subsection (1) relating to a former special patient, the court must consider and determine whether he or she must receive supervised care or secure care.

The court may order that a former special patient receive secure care only if it considers that supervised care would pose a serious danger to the health or safety of the care recipient or of others.

Every compulsory care order lasts for the term specified in the order.

The term specified under subsection (1) may not be longer than 3 years.

The term specified in the order may be extended under section 85.

The compulsory care of a care recipient is entrusted to a care manager designated by the co-ordinator.

A care recipient must accept the care properly given to the care recipient under the care recipient’s court order or the care recipient’s care and rehabilitation plan.

A care recipient must comply with every lawful direction given by the care recipient’s co-ordinator or care manager.

Every care recipient is a disability services consumer for the purposes of the Code of Rights, and accordingly has all the rights under that Code.

As soon as a court order (as defined in section 5) is made in respect of a care recipient, the care recipient’s care manager must—

A care recipient’s care manager must keep the care recipient informed, in a manner that the care recipient is most likely to understand, of his or her rights as a care recipient and, in particular, about—

A care manager of a care recipient must also keep the care recipient’s guardian, or, if the care recipient does not have a guardian, the care recipient’s principal care giver informed of the matters stated in subsection (2).

Every care recipient is entitled to be dealt with in a manner that accords with the spirit and intent of section 13.

Every care recipient is entitled to medical treatment and other health care appropriate to his or her condition.

Every care recipient is entitled to be informed if it is intended to make or use a videotape or other visual or audio recording of the following matters:

Nothing referred to in subsection (1) may be done without the prior consent of the care recipient or a guardian of the care recipient or, if the care recipient is dead, the care recipient’s personal representative.

Every care recipient is entitled to seek a consultation with a specialist assessor of his or her own choice for the purpose of obtaining a second opinion about the care recipient’s condition.

If the specialist assessor agrees to the consultation, the specialist assessor must be permitted access to the care recipient when he or she requests to see the care recipient.

Every care recipient is entitled to request a lawyer to advise the care recipient on his or her status and rights as a care recipient, or on any other legal issue.

If the lawyer agrees to act for the care recipient, the lawyer must be permitted access to the care recipient when he or she requests to see the care recipient.

Every care recipient is entitled to the company of others.

Subsection (1) is subject to section 60.

Every care recipient is entitled, at reasonable times and at reasonable intervals, to receive visitors and to communicate orally with persons outside the facility, except where the care manager has reasonable grounds for believing that a visit or communication would be detrimental to the interests of the care recipient and to his or her care.

Nothing in this section limits anything in section 53 or section 54.

Every care recipient is entitled—

If there are reasonable grounds for believing that the receipt by, or the dispatch on behalf of, a care recipient of any written communication or other item could be detrimental to the interests and care of the care recipient or of other persons, the care manager may direct that the communication or item be checked; but a direction to check communications or items sent to the care recipient requires the approval of the co-ordinator.

Subsection (2) does not apply to a written communication or other item sent by, or on behalf of, or addressed to, any lawyer of the care recipient.

If, on checking a written communication or other item under subsection (2), the care manager considers that the receipt or dispatch of the communication or item could be detrimental to the interests and care of the care recipient or of other persons, the care manager may direct that the communication or item be withheld from the care recipient or not be sent, as the case requires; but a direction to withhold a communication or item requires the approval of the co-ordinator.

The care manager must ensure that a written communication or other item that is addressed to a person who has notified the care manager that he or she does not wish to receive communications from the care recipient concerned is not dispatched to that person.

Despite section 57(4), a written communication or item must not be withheld from a care recipient if it is sent by or on behalf of any of the persons described in subsection (3).

Despite section 57(4), a written communication or other item must be dispatched if it is addressed to any of the persons described in subsection (3).

The persons referred to in subsections (1) and (2) are:

If the care manager withholds a written communication or other item under section 57, the communication or item must be dealt with as follows:

If the care manager directs, under section 57, that a written communication or other item not be sent, the communication or item must either be—

If a written communication or other item is withheld or not sent under section 57, the care recipient must be informed of the fact, unless the care manager is satisfied that to do so would be detrimental to the interests and care of the care recipient.

For the purposes of this section, seclusion, in relation to a care recipient, means placing the care recipient without others in a room or other area that—

A care manager may place a care recipient in seclusion if it is necessary to prevent the care recipient from doing 1 or both of the following:

A person who places a care recipient in seclusion—

The following provisions must be followed when a care recipient is placed in seclusion:

A care manager may restrain a care recipient if that is necessary to prevent the care recipient from doing 1 or more of the following:

A care recipient may not be restrained under subsection (1) by the application of a mechanical restraint if—

The following provisions must be followed when a care recipient is restrained:

A care recipient may be given medical treatment without the care recipient’s consent only if the treatment is authorised by this section or another enactment or a rule of law.

In an emergency, a care recipient may receive medical treatment if the treatment is immediately necessary—

A care recipient may be given medication for the purpose of managing the care recipient’s condition that gives rise to the care recipient’s need for compulsory care if the medication is prescribed—

This section provides for the collection of biometric information to—

A special care recipient must allow the collection of biometric information if directed by—

This section is subject to any regulations made under section 150(ca).

This section applies to every person—

A care recipient to whom this section applies—

The co-ordinator may direct a care recipient who is required to receive supervised care to stay in a designated facility or in a designated place.

A direction under subsection (1) takes effect when written notice of the direction is given to the care recipient and the care recipient’s care manager.

A care recipient may be directed, under subsection (1), to stay in a secure facility only for the purpose of receiving care that—

While a direction under subsection (1) is in force, the care recipient to whom the direction relates must stay in the facility or place designated by the direction.

If a direction under subsection (1) requires the care recipient to stay in a facility, the care recipient may not leave the facility without authority given under this Act.

Where a care recipient no longer subject to the criminal justice system is required to stay in a facility, the care manager in charge of the facility may authorise the care recipient to be on leave from the facility for a period of not more than 2 weeks on any terms and conditions that the care manager specifies.

The care manager may extend the period of authorised leave for a further period of not more than 2 weeks; but no care recipient may be absent under this section for a continuous period of more than 4 weeks.

The care manager may, at any time during the period of leave, cancel the leave by notifying the person who has undertaken the care of the care recipient during the period of leave or, if there is no such person, by notifying the care recipient.

This section applies if—

The care manager must take all reasonable steps to—

This section applies to a person notified under section 65A.

The person may write to the care manager, making submissions on the decision of whether to authorise leave under section 65(1).

The person’s submissions may address—

The person must send the submission to the care manager by the date specified by the care manager.

The care manager must have regard to any written submissions made by a victim under this section or section 65C.

In this section, immediate family has the same meaning as in section 4 of the Victims’ Rights Act 2002.

This section applies to a person who—

The person may make written submissions to the care manager about the decision of whether to authorise leave under section 65(1).

If the person seeks information from the care manager for the purpose of making submissions under subsection (2), the care manager may—

Section 65B applies with any necessary modifications.

Neither the care manager nor any other person has any liability for an act done in pursuance, or intended pursuance, of the care manager’s functions under this section or section 65D(1)(b), unless the act was done in bad faith.

The care manager must advise the following persons of the matters specified in subsection (2):

The specified matters are—

The care manager may withhold advice of a particular term or condition if, in the care manager’s opinion, disclosing the term or condition would unduly interfere with the privacy of any other person (other than the care recipient).

This section applies to sections 65A to 65D.

No person may, directly or indirectly, disclose to the care recipient the current address or contact details of any victim of the care recipient.

The Minister may authorise a special care recipient to be on leave from the care recipient’s secure facility on any terms and conditions that the Minister specifies, if—

The Minister may (at the Minister’s discretion) include in the conditions specified under subsection (1) a condition that the care recipient return to the secure facility on a specified date or within a specified period.

No care recipient may be on leave, authorised under this section, if the care recipient—

The Minister may, at any time during a period of leave authorised under this section, cancel that leave by notifying the person who has undertaken the care of the care recipient during the period of leave or, if there is no such person, by notifying the care recipient.

The Director-General of Health may authorise a special care recipient to be on leave, from the secure facility in which the care recipient is detained, for a period of not more than 7 days on any terms and conditions that the Director-General specifies.

The power to authorise leave under this section may not be exercised in respect of a care recipient described in section 66(3).

The Director-General of Health may, at any time during a period of leave authorised under this section, cancel that leave by notifying the person who has undertaken the care of the special care recipient during the period of leave or, if there is no such person, by notifying the care recipient.

With the authority of the Director-General and subject to any conditions that the Director-General may impose, the co-ordinator may exercise in any particular case the powers conferred on the Director-General by this section.

Before the co-ordinator exercises a power under subsection (4) in respect of a care recipient who, following an application under section 29, has been transferred from a prison, the co-ordinator must consult with the manager of that prison.

A special care recipient may not leave the secure facility in which the special care recipient is detained unless—

A special care recipient may not depart from New Zealand unless—

In subsection (2),—

This section applies if the Director-General of Health is required to decide whether to support the proposed leave of a special care recipient under section 66(1).

The Director-General must take all reasonable steps to—

This section applies if—

The Director-General must take all reasonable steps to—

This section applies to a person notified under section 67B or 67C.

The person may write to the Director-General, making submissions on, or giving information relevant to, the decision of whether to authorise leave under section 66(1) or 67(1).

The person’s submissions may address—

The person must send the submissions to the Director-General by the date specified by the Director-General.

The Director-General must have regard to any written submissions made by a victim under this section or section 67E.

In this section, immediate family has the same meaning as in section 4 of the Victims’ Rights Act 2002.

This section applies to a person who—

The person may make written submissions to the Director-General of Health about the decision of whether to authorise leave under section 66(1) or 67(1).

If the person seeks information from the Director-General for the purpose of making submissions under subsection (2), the Director-General may—

Section 67D applies with any necessary modifications.

Neither the Director-General nor any other person has any liability for an act done in pursuance, or intended pursuance, of the Director-General’s functions under this section, section 67F(1)(b), or 67G(1)(b), unless the act was done in bad faith.

The Director-General must advise the following persons of the matters specified in subsection (2):

The specified matters are—

The Director-General may withhold advice of a particular term or condition if, in the Director-General’s opinion, disclosing the term or condition would unduly interfere with the privacy of any other person (other than the special care recipient).

The Director-General must advise the following persons of the matters specified in subsection (2):

The specified matters are—

The Director-General may withhold advice of a particular term or condition if, in the Director-General’s opinion, disclosing the term or condition would unduly interfere with the privacy of any other person (other than the special care recipient).

This section applies to sections 67B to 67G.

No person may, directly or indirectly, disclose to the special care recipient the current address or contact details of any victim of the special care recipient.

For the purposes of this Act, a person’s liability to detention under a sentence ceases on the earliest of the following dates:

This section applies to a person who is liable to detention under a sentence, and also liable to detention in a secure facility—

The term of a sentence applicable to a person to whom this section applies—

The person ceases to be detained as a special care recipient on the date on which he or she ceases to be liable to be detained under any sentence and,—

To avoid doubt, a compulsory care order resulting from the operation of subsection (3)(b) may be varied and extended under this Act.

A compulsory care order referred to in section 69(3)(a) and a compulsory care order arising from the operation of section 69(3)(b) must be treated as requiring the care recipient to receive secure care.

Subsection (1) applies on and from the date on which the person ceases to be detained as a special care recipient.

When a person ceases to be a care recipient but does not cease to be liable to detention under a sentence, the person must—

The co-ordinator must notify the Chief Executive of the Department of Corrections about a person to whom subsection (1) applies, and the chief executive must arrange for the person to be taken to a prison within 7 days after the date of the notification.

For the purposes of this section, prison includes a residence for the time being approved under section 34A of the Corrections Act 2004.

Six months after the approval under section 24(2) of the care and rehabilitation plan of a care recipient, the co-ordinator must present a report to the Family Court on the continued appropriateness of the contents of the care and rehabilitation plan.

If the care recipient is subject to a compulsory care order, the co-ordinator must also include in the report an assessment of the continued appropriateness of the order.

The report presented under subsection (1) must be accompanied by—

Despite subsection (1), if a care recipient’s court order lasts for not more than 6 months, then the report under that subsection is due not later than 2 months after the date of that order.

If the co-ordinator has applied, or is about to apply, to the court for the cancellation of a care recipient’s compulsory care order, the co-ordinator is not required to present a report under subsection (1).

At the same time that the co-ordinator presents a report under section 72, the co-ordinator must give or send a copy of that report to the following persons:

A person who receives, or is entitled to receive, a report under subsection (1) may make a written submission on the report to the Family Court.

At the time that the co-ordinator gives or sends, in accordance with subsection (1), the report to the persons specified in that subsection, the co-ordinator must provide each of those persons with written advice of the right to make a submission under subsection (2).

On receipt of the co-ordinator’s report, under section 72, on a care and rehabilitation plan and any compulsory care order, the Family Court must review the contents of the care and rehabilitation plan and any such order.

For the purposes of a review under section 74, the Family Court—

On concluding a review under section 74, the Family Court may make any recommendations that it considers appropriate to the Director-General of Health or the co-ordinator or the care manager.

The condition of every care recipient who is subject to a court order must be formally reviewed at the times specified in subsection (2).

The times referred to in subsection (1) are,—

It is the responsibility of the care manager of a care recipient to ensure that the care recipient’s condition is reviewed in accordance with subsection (1).

A review of a care recipient under section 77 must be conducted by 1 or more specialist assessors designated by the co-ordinator for the purpose.

When the co-ordinator designates 2 or more specialist assessors for the purpose of a review under section 77, the co-ordinator must nominate one of those assessors as the assessor who is principally responsible for the conduct of the review.

In reviewing a care recipient under section 77, the specialist assessor or specialist assessors must—

A review of a care recipient under section 77 is concluded by the issue of a certificate as to whether the status of the care recipient needs to be continued or needs to be changed.

The certificate required by subsection (1) must be given by the specialist assessor who is responsible or principally responsible for the conduct of the review.

The certificate required by subsection (1) must comply with whichever of the following provisions is relevant:

A specialist assessor who has given a certificate, under section 79, on a care recipient must give or send to the care recipient’s care manager and to the co-ordinator, and, in the case of a special care recipient, also to the Director-General, a copy of—

On receipt, under section 80, of a certificate on a care recipient, the co-ordinator of the care recipient must give or send a copy of the certificate to the following persons:

When a specialist assessor completes a certificate, under section 79, in respect of a care recipient no longer subject to the criminal justice system or a special care recipient who is liable to detention under a sentence, the specialist assessor must state whether in his or her opinion—

On the expiry of a compulsory care order the care recipient ceases to be a care recipient under this Act.

If the Family Court is satisfied that a care recipient no longer subject to the criminal justice system or a special care recipient who is liable to detention under a sentence no longer needs to be cared for as a care recipient, the court may, on the application of the co-ordinator, cancel the care recipient’s compulsory care order or the care recipient’s order made under section 34(1)(a)(ii) of the Criminal Procedure (Mentally Impaired Persons) Act 2003.

The co-ordinator—

The Family Court may, on the application of the co-ordinator, extend the term of a care recipient’s compulsory care order.

If the court extends a compulsory care order for a care recipient no longer subject to the criminal justice system, the court must consider and determine whether the care recipient must receive supervised care or secure care.

The court may order that a care recipient no longer subject to the criminal justice system receive secure care only if it considers that supervised care would pose a serious danger to the health or safety of the care recipient or of others.

If the co-ordinator, after consultation with a care recipient’s care manager, reaches the view that a variation of any aspect (other than the term) of the care recipient’s compulsory care order is desirable, the co-ordinator may apply to the Family Court for a variation of the order.

The court may, on an application under subsection (1), vary a compulsory care order.

On an application under subsection (1) relating to a care recipient no longer subject to the criminal justice system, the court must consider and determine whether the care recipient must receive supervised care or secure care.

The court may order that a care recipient no longer subject to the criminal justice system receive secure care only if it considers that supervised care would pose a serious danger to the health or safety of the care recipient or of others.

If a care recipient’s order is due to expire at any time when an application, under section 85, to extend the term of that order is pending before the Family Court, the court may defer the expiry of the order by specifying a date as the last day of a period that, in the opinion of the court, is sufficient for the application to be heard and determined.

The co-ordinator may apply without notice for an order, under subsection (1), to defer the expiry of a compulsory care order.

As soon as the court makes an order under subsection (1), the co-ordinator must serve a copy of the order on every person who is entitled to be served with a copy of the application under section 85.

Every person served, or entitled to be served, under subsection (3) with a copy of an order under subsection (1) may apply to the court for the cancellation or variation of the order.

In deciding whether to apply for a cancellation of a care recipient’s court order, or for an extension of the term of a care recipient’s compulsory care order, the co-ordinator must have regard to the most recent certificate given, under section 79, for that care recipient.

In deciding whether to cancel, or to extend the term of, a care recipient’s court order, the court—

This section applies to a person who is detained as a special care recipient because of an order, made under the Criminal Procedure (Mentally Impaired Persons) Act 2003, following a finding that the person is unfit to stand trial.

When a specialist assessor completes a certificate, under section 79, for a person to whom this section applies, the assessor must state in respect of the person one of the following opinions:

If a certificate in the form required by section 89 states that a person is no longer unfit to stand trial, the co-ordinator must forward the certificate to the Attorney-General for the purposes of section 31 of the Criminal Procedure (Mentally Impaired Persons) Act 2003.

In forwarding a certificate to the Attorney-General, the co-ordinator may add any comments or recommendations that the co-ordinator considers appropriate.

If a certificate in the form required by section 89 states that a person is still unfit to stand trial, but that it is no longer necessary that the person be cared for as a special care recipient, the co-ordinator must forward the certificate to the Minister and the Attorney-General for the purposes of section 31 of the Criminal Procedure (Mentally Impaired Persons) Act 2003.

In forwarding a certificate to the Minister, the co-ordinator may add any comments or recommendations that the co-ordinator considers appropriate.

This section applies to a person who is detained as a special care recipient because of an order made under the Criminal Procedure (Mentally Impaired Persons) Act 2003, following the acquittal of the person on account of insanity.

When a specialist assessor completes a certificate, under section 79, for a person to whom this section applies, the assessor must state in respect of the person one of the following opinions:

If a certificate in the form required by section 92 states the opinion specified in subsection (2)(b) of that section, the co-ordinator must forward the certificate to the Minister for the purposes of section 33 of the Criminal Procedure (Mentally Impaired Persons) Act 2003.

In forwarding a certificate to the Minister, under subsection (1), the co-ordinator may add any comments or recommendations that the co-ordinator considers appropriate.

On the date that a direction is given under section 31 or section 33 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 or section 105 or section 106 of this Act that a person be held as a care recipient, the direction becomes, for the purposes of this Act, a compulsory care order made under section 45 that must be regarded as—

To avoid doubt, a compulsory care order resulting from the operation of subsection (1) may be varied and extended under this Act.

Despite subsection (1), a person to whom this section applies must be reviewed under section 77 as soon as practicable after the direction under the Criminal Procedure (Mentally Impaired Persons) Act 2003 or this Act is given.

If the review conducted in accordance with subsection (3) is completed by a certificate to the effect that the person to whom this section applies no longer needs to be cared for as a care recipient, the person must be released from every restraint under this Act.

In each year, a district inspector must, at regular intervals, visit each facility—

Each facility must be visited, under subsection (1), at least twice a year or on a greater number of occasions that the Director-General of Health directs for a particular facility or class of facility.

The district inspector may, without previous notice, visit a facility as often as the district inspector thinks fit.

The district inspector may visit a facility at any time and for any length of time that the district inspector thinks fit.

A suitably qualified health or disability professional may accompany the district inspector on a particular visit to a facility.

The district inspector may obtain advice on a particular matter from a specialist assessor appointed for the purpose by the co-ordinator, and that specialist assessor has, for that purpose, the powers of the district inspector to visit and inspect facilities.

A district inspector who visits a facility for the purposes of this Act must be given access to every part of the facility and to every person in it, whether or not that person is a care recipient under this Act.

The care manager must present to the district inspector the following documents:

A care recipient may complain to the responsible district inspector about a breach of the care recipient’s rights under this Act.

Any person may complain on behalf of the care recipient.

A care manager or co-ordinator who receives a complaint about a breach of the care recipient’s rights under this Act must refer the complaint to the responsible district inspector.

The responsible district inspector must notify the Health and Disability Commissioner under the Health and Disability Commissioner Act 1994 of every complaint that concerns a breach of a right under the Code of Rights.

If a complaint made or referred to the district inspector under section 97 is not a complaint that concerns a breach of a right under the Code of Rights, the district inspector must investigate the complaint.

In investigating a complaint, the district inspector must try to talk with the care recipient, any person who complained on behalf of the care recipient, the care manager, and everyone else involved in the case.

If, after investigating the complaint, the district inspector is satisfied that the complaint has substance, the district inspector must—

The district inspector must send a copy of any report prepared under subsection (3)(b) to the Director-General of Health.

On concluding an investigation under section 98, the district inspector must report the outcome of the investigation to—-

If the care recipient or the person who complained on behalf of the care recipient is not satisfied with the outcome of the complaint, he or she may request the Director-General of Health to examine the complaint, and the Director-General must consider if further investigation is warranted.

On receiving a report under section 98, the care manager must take all steps necessary to correct every deficiency identified in the report.

Every district inspector may inquire into—

The Director-General of Health may direct a district inspector to conduct an inquiry under subsection (1), and that district inspector must comply with that direction.

Despite subsections (1) and (2), no district inspector may inquire into an alleged breach of a right under the Code of Rights.

For the purpose of conducting an inquiry under this Act, a district inspector has the same powers and authority to summon witnesses and receive evidence as are conferred on commissions of inquiry by the Commissions of Inquiry Act 1908; and the provisions of that Act, except sections 11 and 12 (which relate to costs), apply accordingly.

As soon as practicable after concluding an inquiry under this section, a district inspector must send a full report of the inquiry to the co-ordinator and to the Director-General of Health.

A High Court Judge may make an order directing a district inspector or 1 or more other persons—

Whether an order under subsection (1) has been made or not, a High Court Judge may make an order directing a care manager to bring a care recipient for whom the care manager is responsible before the Judge in open court or in Chambers, for examination at a time specified in the order.

An order under subsection (1) or (2) may be made on the Judge’s own initiative or on the application of any person.

For the purposes of an examination of a person under section 102(2), the Judge may summon any specialist assessor or other witness to testify on oath in respect of any matter involved in the examination, and to produce any relevant documents.

After the examination, under section 102(2), of a care recipient no longer subject to the criminal justice system, the Judge may order that the care recipient cease to be a care recipient if the Judge is satisfied—

This section applies to a person who is detained as a special care recipient because of an order under the Criminal Procedure (Mentally Impaired Persons) Act 2003, made following a finding that the person is unfit to stand trial (the accused).

After examining the accused under section 102(2), the Judge may,—

If, after examining the accused under section 102(2), the Judge is satisfied that it is no longer necessary, in the accused’s own interests or in the interests of the safety of any person, class of person, or the public, that the accused continue to be cared for as a special care recipient, the Judge may order that—

If, after examining a person acquitted on account of insanity under section 102(2), the Judge is satisfied that it is no longer necessary, in the person’s own interests or in the interests of the safety of any person, class of person, or the public, that the person continue to be cared for as a special care recipient, the Judge may order that—

The Judge may in any case under this subpart, if the Judge thinks fit, report his or her opinion to the Minister, with any comments and recommendations that the Judge thinks fit.

Nothing in this subpart prevents the exercise of any other remedy or proceeding available by or on behalf of any person who is, or is alleged to be, unlawfully detained, confined, or imprisoned.