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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

65C: Submissions from certain victims

You could also call this:

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

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

If you are a victim of a crime, but not the kind of victim defined in section 5(1), you might still be a victim under section 4 of the Victims’ Rights Act 2002. You can write to the care manager about whether to let someone who is getting care go on leave, as decided in section 65(1).

You can ask the care manager for information to help you make your submission. The care manager can tell you when they plan to make a decision and give you other information you need.

The care manager and others are protected from being sued for things they do as part of their job, unless they do something in bad faith. Section 65B also applies to this situation, with some changes. The care manager's decisions and actions under this section or section 65D(1)(b) are protected, unless they act in bad faith.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS802661.

Topics:
Crime and justice > Victim supportCrime and justice > Courts and legal helpRights and equality > Anti-discrimination
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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."

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65D: Victims must be notified of decisions made under section 65, or

"Victims are told about decisions made about someone's leave from 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

65CSubmissions from certain victims

  1. This section applies to a person who—

  2. is not a victim as defined in section 5(1); but
    1. is a victim as defined in section 4 of the Victims’ Rights Act 2002.

      1. The person may make written submissions to the care manager about the decision of whether to authorise leave under section 65(1).

      2. If the person seeks information from the care manager for the purpose of making submissions under subsection (2), the care manager may—

      3. advise the person of the date on which the care manager intends to decide whether to authorise a care recipient to be on leave; and
        1. give the person any other information that is reasonably necessary to enable the person to make submissions.

          1. Section 65B applies with any necessary modifications.

          2. Neither the care manager nor any other person has any liability for an act done in pursuance, or intended pursuance, of the care manager’s functions under this section or section 65D(1)(b), unless the act was done in bad faith.

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