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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

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

You could also call this:

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

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

If you are a victim, you have the right to tell the care manager what you think about a care recipient getting leave. You can write to the care manager and say why you think the care recipient should or should not get leave. You can talk about any concerns you have for your safety or the safety of your family. You can also share any other information you think is important for the care manager to know when deciding whether to give the care recipient leave under section 65(1).

You need to send your thoughts to the care manager by the date they tell you. The care manager has to think about what you say when making their decision. If you are wondering what is meant by "immediate family", it means the same as in section 4 of the Victims' Rights Act 2002.

The care manager also has to think about what you say along with anything else you might say under section 65C when making their decision about the care recipient's leave.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS802660.

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

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

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65C: Submissions from certain victims, or

"Hearing from victims who are affected by someone's care"

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

65BRight of victims to make submissions on proposed leave

  1. This section applies to a person notified under section 65A.

  2. The person may write to the care manager, making submissions on the decision of whether to authorise leave under section 65(1).

  3. The person’s submissions may address—

  4. any concerns that the person has, on reasonable grounds, about any risk that the care recipient presents to—
    1. the person’s physical safety or security; or
      1. the physical safety or security of 1 or more members of the person’s immediate family; and
      2. any other information that the person considers relevant to the decision of whether to authorise leave under section 65(1).

        1. The person must send the submission to the care manager by the date specified by the care manager.

        2. The care manager must have regard to any written submissions made by a victim under this section or section 65C.

        3. In this section, immediate family has the same meaning as in section 4 of the Victims’ Rights Act 2002.

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