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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 special care recipients

67C: When victims must be notified of impending decision under section 67

You could also call this:

"Telling victims when a decision is made to release someone from a secure facility"

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

If the Director-General of Health is going to decide whether to let a special care recipient leave a secure facility under section 67, you need to know that they must tell the victim first. This is because the special care recipient would have more freedom outside the facility than they have had before. The Director-General must give the victim notice that they are making this decision under section 67(1) and explain how the decision is made and how the victim can be involved in the process under section 67.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS802707.

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67B: When victims must be notified of impending decision under section 66, or

"Telling victims about decisions on a special care recipient's leave"

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67D: Right of victims to make submissions on proposed leave, or

"Victims have the right to tell officials their concerns about an offender's leave."

Part 5Status and rights of care recipients
Requirement to stay in designated facilities or places: Leave for special care recipients

67CWhen victims must be notified of impending decision under section 67

  1. This section applies if—

  2. the Director-General of Health intends to decide whether to authorise a special care recipient to be on leave under section 67(1); and
    1. that period of leave would permit the special care recipient to exercise greater autonomy outside the secure facility than has any other period of leave previously granted to the special care recipient.

      1. The Director-General must take all reasonable steps to—

      2. give notice to a victim that the Director-General intends to decide whether to authorise a special care recipient to be on leave under section 67(1); and
        1. provide the victim with an explanation of—
          1. the process under section 67 for granting a special care recipient a period of leave; and
            1. how the victim may participate in that process.

            Notes
            • Section 67C: inserted, on , by section 25 of the Rights for Victims of Insane Offenders Act 2021 (2021 No 55).