Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Preliminary provisions

9: Meaning of facility and secure facility

You could also call this:

"What 'facility' and 'secure facility' mean in the law for people with intellectual disabilities"

Illustration for Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

When you hear the term facility, it means a place where a service provides care to people with an intellectual disability. You can think of it as a location where people get the help they need, and it can be used for other things too. It can be a special building or even a house.

A secure facility is a type of facility that has special features to stop people from leaving without permission. These features are part of a system to keep people safe inside, and you can think of it like a place with extra security measures. The people in charge make sure the facility is run in a way that achieves this purpose.

If a facility is not secure, it does not need to have these special features, so it can be a normal house or building. However, there is one important rule: a prison can never be used as a facility for people with an intellectual disability. There may be other laws that affect how facilities are used, and those laws are important too.

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"People who don't have an intellectual disability, even if they have other issues"


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"Special rules to help when the law first started"

Part 1Preliminary provisions

9Meaning of facility and secure facility

  1. A facility is a place that is used by a service for the purpose of providing care to persons who have an intellectual disability (whether or not the place is also used for other purposes).

  2. A secure facility is a facility that—

  3. has particular features that are designed to prevent persons required to stay in the facility from leaving the facility without authority; and
    1. is operated in accordance with systems that are designed to achieve that purpose.
      1. A facility that is not a secure facility need not have any particular features and, accordingly, a building (such as a residential house) that is not an institution can be used as such a facility.

      2. In no case can a prison be used as a facility.

      3. Subsection (3) is subject to any other enactment.