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Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Status and rights of care recipients - Requirement to stay in designated facilities or places - Leave for care recipients no longer subject to criminal justice system

65A: When victims must be notified of impending decision under section 65

You could also call this:

"When you're a victim, you must be told before a decision is made to give a care recipient more freedom."

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

If you are a victim, you have the right to know when a care manager is going to decide whether to let a care recipient go on leave. This happens when the care manager is thinking about letting the care recipient have more freedom outside the facility than they have had before. The care manager must tell you that they are making this decision and explain how the decision will be made under section 65 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.

You will be told about the process for granting leave and how you can be part of it. The care manager must take all reasonable steps to notify you and explain the process. This includes telling you about your right to participate in the decision-making process under section 65.

The care manager's job is to make sure you are informed and have a chance to participate in the process.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS802653.

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65: Care manager may grant leave, or

"The care manager can let you leave the facility for a short time if they think it's okay."

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65B: Right of victims to make submissions on proposed leave, or

"Victims have the right to tell the care manager their thoughts on a care recipient's leave."

Part 5Status and rights of care recipients
Requirement to stay in designated facilities or places: Leave for care recipients no longer subject to criminal justice system

65AWhen victims must be notified of impending decision under section 65

  1. This section applies if—

  2. a care manager intends to decide whether to authorise a care recipient to be on leave under section 65(1); and
    1. that period of leave would permit the care recipient to exercise greater autonomy outside the facility than has any other period of leave previously granted to the care recipient.

      1. The care manager must take all reasonable steps to—

      2. give notice to a victim that the care manager intends to decide whether to authorise a care recipient to be on leave under section 65(1); and
        1. explain to the victim—
          1. the process under section 65 for granting a care recipient a period of leave; and
            1. how the victim may participate in that process.

            Notes
            • Section 65A: inserted, on , by section 23 of the Rights for Victims of Insane Offenders Act 2021 (2021 No 55).