Plain language law

New Zealand law explained for everyone

Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Compulsory care and rehabilitation of prisoners and former special patients - Assessment of prisoners and former special patients

34: Timing for, and place of, assessment

You could also call this:

"When and where your assessment for care will happen"

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

When you are going to be assessed for compulsory care, it must happen within 7 days after your application is received under section 29. You might be taken to a facility for the assessment, and then taken back to where you are being held, under the direction of a manager or the Director of Area Mental Health Services. If you are a prisoner, you cannot stay in the facility overnight unless you get a special notice under section 35.

You will be assessed to see if you need care, and this assessment has rules to follow. The assessment is an important step to decide what care you might need. The rules are in place to make sure you are treated fairly.

If you are taken to a facility for your assessment, there are people in charge who will make decisions about your care. They will decide if you can stay in the facility or if you need to go back to where you are being held. These decisions are made to ensure your safety and well-being.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225421.

Topics:
Crime and justice > Courts and legal helpHealth and wellbeing > Mental healthRights and equality > Anti-discrimination
Previous

33: Assessment of child or young person, or

"Checking how a child or young person with a disability needs help and support"

Next

35: Proposed care recipients may have to stay in facility, or

"Some people might have to stay in a special place while their care is being decided."

Part 4Compulsory care and rehabilitation of prisoners and former special patients
Assessment of prisoners and former special patients

34Timing for, and place of, assessment

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

  2. 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.

  3. 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.

Compare
Notes
  • Section 34(2): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
  • Section 34(3): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).