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Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Reviews of condition and status of care recipients - Change in status of care recipient no longer subject to criminal justice system and special care recipients liable to detention under sentence - Continuation of compulsory care

88: Co-ordinator and court to have regard to specialist assessor's certificate

You could also call this:

"The court and co-ordinator must consider a specialist's report when deciding about compulsory care."

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

When you are dealing with a court order for compulsory care, the co-ordinator has to think about the latest certificate from a specialist assessor. This certificate is given under section 79. The co-ordinator uses this certificate to decide if they should ask to cancel or extend the court order. You should know that the court also looks at this certificate when deciding what to do with the court order. The court can also get a second opinion from a different specialist assessor if they want to.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225917.

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"The court can delay the end date of your care order if someone asks to extend it."

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89: Form of clinical review certificate for special care recipients detained because unfit to stand trial, or

"Certificate to check if special care is still needed for someone unfit to stand trial"

Part 6Reviews of condition and status of care recipients
Change in status of care recipient no longer subject to criminal justice system and special care recipients liable to detention under sentence: Continuation of compulsory care

88Co-ordinator and court to have regard to specialist assessor's certificate

  1. In deciding whether to apply for a cancellation of a care recipient's court order, or for an extension of the term of a care recipient's compulsory care order, the co-ordinator must have regard to the most recent certificate given, under section 79, for that care recipient.

  2. In deciding whether to cancel, or to extend the term of, a care recipient's court order, the court—

  3. must have regard to the most recent certificate given, under section 79, for that care recipient:
    1. may obtain a second opinion from a specialist assessor other than the specialist assessor who issued the certificate referred to in paragraph (a).