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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

45: Jurisdiction to make compulsory care order

You could also call this:

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

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

The Family Court can make a compulsory care order for someone if the court thinks they have an intellectual disability. You have to be assessed under subpart 1 and Part 3, and you have to be getting care under a programme made under section 26. The court makes this decision after the co-ordinator applies for the order.

If you used to be a special patient, the court has to decide if you need supervised care or secure care. The court chooses between these two types of care based on your situation.

The court can only order secure care for you if supervised care would be very dangerous for you or others.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225456.

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44: Court to consider proposed care recipient's condition, or

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

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46: Term of compulsory care order, or

"How long a compulsory care order lasts"

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

45Jurisdiction to make compulsory care order

  1. The Family Court may, on an application of the co-ordinator, make a compulsory care order in respect of a proposed care recipient if the court is satisfied that the proposed care recipient—

  2. has an intellectual disability; and
    1. has been assessed under subpart 1 and Part 3; and
      1. is to receive care under a care programme completed under section 26.

        1. On an application under subsection (1) relating to a former special patient, the court must consider and determine whether he or she must receive supervised care or secure care.

        2. The court may order that a former special patient receive secure care only if it considers that supervised care would pose a serious danger to the health or safety of the care recipient or of others.