Intellectual Disability Compulsory Care Act

Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 “IDCC&R Act”
www.moh.govt.nz/idccr

Background
The IDCC&R Act links to the Criminal Procedure (Mentally Impaired Persons) Act, 2003, which gives the court powers to order individuals with mental impairment who have been charged with or convicted of an imprisonable offence to accept compulsory care and rehabilitation under the Act, or in the case of people with a mental illness, under the Mental Health (Compulsory Assessment and Treatment) Act, 1992, (the MH (CAT) Act.

Both Acts came into force on 1 September 2004. The IDCC&R Act allows the court to make a compulsory care order for up to three years, which can be renewed by the Family Court if the care recipient’s behaviour still poses significant risk, and will direct whether the care recipient requires secure or supervised levels of care.

The Act also allows for the transfer of people from prison or mental health services where they meet the criteria for intellectual disability under the Act.

The framework for administering the Act has been adapted from the MH (CAT) Act.

The following services are now developed and are in place to support the administration of the Act. This infrastructure provides services for people with an intellectual disability who require intensive services, and people under compulsory care orders.

A network of Regional Intellectual Disability Care Agencies (which employ the care co-ordinators), and;
Regional Intellectual Disability Supported Accommodation Services (RIDSAS) have been established.
A 10 bed hospital based secure facility has been established in Wellington and a further 10 bed facility in Auckland will be completed in mid 2006.
Specialist Assessors (psychologists and psychiatrists) have been appointed to provide assessments and reviews to the courts, and District Inspectors (lawyers) appointed to provide independent monitoring of the Act, and to uphold the rights of compulsory care recipients.
An annual budget of $56 million has been allocated in 2005/06 for services, but actual expenditure will depend on client volumes.

Experience to Date

Volumes are higher than estimated.

53 people across NZ have been placed under an ID (CC&R) order and a further 314 people in the “civil population” (ie not subject to an order), are receiving intensive support services.

Prison services have identified 76 people who they believe may have an intellectual disability who may qualify for transfer under the Act, or who have been released and would require assessment if they reoffend. A 1997 survey of the prison population identified 13 people with an intellectual disability.

34 hospital level secure beds are currently funded, with a further 18 planned over the next year.

Community RIDSAS providers, whose main focus has been on community support and independence, face challenges when contracted to provide forensic services requiring compulsion and restraint.

The Resource Management Act, Occupational Safety and Health legislation, public sector unions, workforce development gaps, and a lack of clinical expertise within community services represent current challenges (most of which are replicated in other western jurisdictions)

The Future
The development of a U.N convention on the Rights of Disabled People means that jurisdictions which rely on mental health or criminal justice legislation may well face legal challenges by people with an intellectual disability of discrimination or breaches of rights.

Guidelines
Guidelines for the Role and Function of Care Managers

Guidelines for the Role and Function of Specialist Assessors

A Guide to the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Guidelines for the Role and Function of Compulsory Care Co-ordinators

Guidelines for Cultural Assessment – Maori

Other Publications

You Have Rights - A Ministry of Health publication that assists in explaining compulsory care

Summary of the Act
The IDCCR Act and its companion Act the CP (MIP) Act, will allow the courts to make a compulsory care order for people with an intellectual disability who are charged with, or convicted of an imprisonable offence. A compulsory care order can be made for up to 3 years duration, and may be extended by the Family Court if it considers that a care recipient’s behaviour continues to pose serious danger.

There are three ways people can become subject to the Act:

an order made in the course of criminal proceedings;
by transfer from prison;
by transfer from the Mental Health (CAT) Act for special patients; or former special patients.

The Act provides for two different levels of care:

Secure Care (hospital level or community based) or
Supervised Care.

The Act contains statutory powers to require care recipients to comply with their care order and to seclude, restrain and medicate under certain limited and defined circumstances. These are balanced by specific safeguards and rights.

The Act establishes four new statutory roles:

Care Co-ordinators (who are responsible for the operational administration of the Act;
Care Managers (who are responsible for oversight of the care and rehabilitation plan);
Specialist Assessors (who are responsible for assessments to determine eligibility and care and rehabilitation needs); and
Medical Consultants (who provide a second opinion on medication required to manage a care recipient’s condition).

The Act also provides for the designation of District Inspectors (lawyers appointed under the MH (CAT) Act) to safeguard the rights of people subject to an order.

The Ministry of Health contact person for the Act is:

Lester Mundell

Chief Advisor, (Disability Services)

Ministry of Health

PO Box 5013

Wellington

Phone: 04 496 2371

Fax: 04 496 2050

Email:

lester_mundell@moh.govt.nz

Rachel Daysh

Project Manager / Advisor IDCCR

Phone: 04 496 2042

Email:

rachel_daysh@moh.govt.nz

Related information

Statutes in New Zealand
Use A-Z directory:
See under I to locate the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003
See under C to locate the Criminal Procedure (Mentally Impaired Persons) Act

Disability in New Zealand

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Page last reviewed December 2005