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Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Standards, rules, and regulations

Schedule 1: Transitional, savings, and related provisions

You could also call this:

"Rules for when the law changed and what happens to things that were already happening"

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

When the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 started, some things were already happening. If something was started under section 66 before this act started, the old rules still apply. You need to know what a "matter" is. A matter includes things like actions, decisions, and notices.

If a decision about leave was made before this act started, and the leave is happening when this act starts, the Director-General of Health can tell a victim about the decision. The Director-General will follow the rules in sections 65D(2) and 67F(2). A "leave decision" is when someone decides if a care recipient can take leave, as stated in section 65(1), section 65(2), and section 65(3).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS802762.

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150: Regulations, or

"Rules made by the Governor-General to help with intellectual disability care"

1Transitional, savings, and related provisions Empowered by s 9A

1Provisions relating to Rights for Victims of Insane Offenders Act 2021

1Transitional provision

  1. This clause applies to any matter initiated under section 66 before the commencement of this clause.

  2. If this clause applies, the provisions of the relevant section, as they read immediately before the commencement of this clause, continue to apply to the matter as if they had not been amended or replaced by the Rights for Victims of Insane Offenders Act 2021.

  3. In this clause, matter includes any—

  4. action undertaken:
    1. decision taken:
      1. notice given:
        1. proceeding commenced:
          1. application made:
            1. agreement entered into:
              1. requirement imposed.

                Notes
                • Schedule 1 clause 1: inserted, on , by section 26 of the Rights for Victims of Insane Offenders Act 2021 (2021 No 55).

                2Transitional provision if leave decision and resulting leave fall either side of commencement date

                1. This clause applies if—

                2. a leave decision has been made; and
                  1. as a consequence of the leave decision, a care recipient or a special care recipient is due to take, or is taking, leave when this clause commences.

                    1. The Director-General of Health may, to the extent that the Director-General considers appropriate in the circumstances, advise a victim of the leave decision as specified in sections 65D(2) and 67F(2).

                    2. In this clause, leave decision means a decision made before the commencement of this clause by—

                    3. a care manager to—
                      1. authorise a care recipient to be on leave under section 65(1); or
                        1. extend a care recipient’s leave under section 65(2); or
                          1. cancel a care recipient’s leave under section 65(3); or
                          2. the Minister to—
                            1. authorise a special care recipient to be on leave under section 66(1); or
                              1. cancel a special care recipient’s leave under section 66(4); or
                              2. the Director-General of Health to—
                                1. authorise a special care recipient to be on leave under section 67(1); or
                                  1. cancel a special care recipient’s leave under section 67(3).

                                  Notes
                                  • Schedule 1 clause 2: inserted, on , by section 26 of the Rights for Victims of Insane Offenders Act 2021 (2021 No 55).