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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

38: Result of assessment

You could also call this:

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

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

When you are being assessed to see if you need compulsory care and rehabilitation, the specialist assessor or assessors will write a report to the co-ordinator. They will say what they think about the things listed in section 37(1). If there is more than one specialist assessor, they all have to agree on the assessment for it to be effective.

If the assessment says you do not have an intellectual disability, the co-ordinator will tell you that and make sure you are returned to the right person in charge. The co-ordinator will do this right away.

If the assessment says you do have an intellectual disability, the co-ordinator will start a process to see what care you need, as outlined in Part 3, without delaying too much.

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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=DLM225437.

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37: Assessment examination, or

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

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39: Conditions for applications under this subpart, or

"Rules for asking for compulsory care for someone with an intellectual disability"

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

38Result of assessment

  1. 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).

  2. 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.

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

  4. advise the person of that result; and
    1. ensure that the person is returned to the control of the appropriate manager or the Director of Area Mental Health Services, as the case requires.

      1. 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.

      Notes
      • Section 38(3)(b): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).