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

37: Assessment examination

You could also call this:

"A specialist checks if you need care to stay safe and be safe for others."

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

When you are going to receive compulsory care, a specialist assessor will examine you to see if you have an intellectual disability and need care. They will check if you need care to stay safe and to keep others safe from your behaviour. The assessor will look at how much care you need to manage any risks.

The specialist assessor will talk to people who know you about your condition and background, unless it is not possible to do so. They will talk to your main caregiver, any welfare guardian you have, and your parents or guardians if you are a child or young person. They will also talk to your family or whanau to get more information about you.

The assessment examination is done according to the rules set out in section 32(b), which says who can be a specialist assessor. You will be assessed to determine the level of care you require, and this will help decide what care you should receive.

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 It might be out of date or be missing some parts.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=DLM225436.

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

36: Prisoners to appear in court, or

"Prisoners must go to court for trials, hearings, and sentencing, even if they need care."

Next

38: Result of assessment, or

"What happens after the experts assess if you need special care and help"

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

37Assessment examination

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

  2. to ascertain whether the proposed care recipient has an intellectual disability and is in need of compulsory care; and
    1. if that is the case, to assess the level of care that is required to manage the risk that the proposed care recipient's behaviour poses to the health and safety of the proposed care recipient or of others.

      1. 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:

      2. the proposed care recipient's principal caregiver:
        1. any welfare guardian of the proposed care recipient:
          1. if the proposed care recipient is a child or young person, each parent or guardian of the child or young person:
            1. the proposed care recipient's family or whanau.