Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

• Jurisdiction: New Zealand
• Coming into Force: 13 December 2022
• Reference: 2003 No 116
• Citation: 2003 No 116
• Year: 2003
• Record Number: DLM224577
• Act Number: 116
• Type of Document: Act

Contenidos

• Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003
• Contents
• 1 Title
• Part 1
• 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
• 9A Transitional, savings, and related provisions
• 10 Act binds the Crown
• Part 2
• 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
• 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
• 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
• Part 1
• 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
• Part 2
• 39 Conditions for applications under this subpart
• 40 Matters to be set out in application
• 41 Judge to examine proposed care recipient
• 42 Visiting Judge may order withdrawal of application
• 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
• Part 1
• 47 Requirement to accept care
• 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
• Part 2
• 60 Seclusion
• 61 Restraint of care recipients
• 62 Enforced medical treatment
• 62A Collection of biometric information from special care recipients
• Part 3
• 63 Designation notices relating to secure care
• 64 Directions relating to supervised care
• 65 Care manager may grant leave
• 65A When victims must be notified of impending decision under section 65
• 65B Right of victims to make submissions on proposed leave
• 65C Submissions from certain victims
• 65D Victims must be notified of decisions made under section 65
• 65E Information about victims not to be disclosed
• 66 Minister may authorise leave for special care recipients
• 67 Director-General may authorise short-term leave
• 67A Special care recipients not to leave secure facility or depart from New Zealand without permission
• 67B When victims must be notified of impending decision under section 66
• 67C When victims must be notified of impending decision under section 67
• 67D Right of victims to make submissions on proposed leave
• 67E Submissions from certain victims
• 67F Victims must be notified of decisions made under section 66
• 67G Victims must be notified of decisions made under section 67
• 67H Information about victims not to be disclosed
• Part 4
• 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