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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 - Making compulsory care order

44: Court to consider proposed care recipient's condition

You could also call this:

"Court checks if someone has an intellectual disability before making a care decision"

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

When you are applying for a compulsory care order, the Family Court has to decide if the person who might get the order has an intellectual disability. The court looks at all the information to make this decision. If the court thinks the person has an intellectual disability, it then decides if a compulsory care order is necessary, considering all the circumstances.

The court makes this decision based on the details of the case. You can find more information about similar laws by looking at the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 and other related laws, such as the 1992 No 46 law. The court's decision is important for the person who might get the compulsory care order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225455.

Topics:
Crime and justice > Courts and legal helpHealth and wellbeing > Mental healthRights and equality > Anti-discrimination
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43: Visiting Judge, wherever possible, to hear application, or

"A Judge will usually hear your case after they have examined you."

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45: Jurisdiction to make compulsory care order, or

"When the court can decide someone with an intellectual disability needs compulsory care"

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

44Court to consider proposed care recipient's condition

  1. On an application for a compulsory care order, the Family Court must determine whether or not the proposed care recipient has an intellectual disability.

  2. If the court considers that the proposed care recipient has an intellectual disability, it must determine whether or not, having regard to all the circumstances of the case, it is necessary to make a compulsory care order.

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