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Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Compulsory care and rehabilitation of prisoners and former special patients - Compulsory care orders for prisoners and former special patients - Applications for compulsory care orders

40: Matters to be set out in application

You could also call this:

"What to include when asking for a compulsory care order"

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

When you apply for a compulsory care order, you need to give reasons why you think the person has an intellectual disability. You do this by swearing an affidavit that explains your reasons. You also need to include some important documents with your application, such as the care and rehabilitation plan completed under section 24 and the care programme completed under section 26. These documents help show that you have thought carefully about the person's needs and how to support them, and that you have followed the rules set out in the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 and Part 3.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225447.

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39: Conditions for applications under this subpart, or

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

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Part 4Compulsory care and rehabilitation of prisoners and former special patients
Compulsory care orders for prisoners and former special patients: Applications for compulsory care orders

40Matters to be set out in application

  1. When the co-ordinator applies for a compulsory care order for a proposed care recipient, the co-ordinator must support the application by an affidavit that sets out the co-ordinator's reasons for considering that the proposed care recipient has an intellectual disability.

  2. Every application under subsection (1) must be accompanied by the following:

  3. the care and rehabilitation plan completed, under section 24, for the proposed care recipient:
    1. the care programme completed, under section 26, for the proposed care recipient:
      1. every relevant report prepared by a specialist assessor on the proposed care recipient during his or her assessment under subpart 1 and Part 3:
        1. the affidavit referred to in subsection (1).