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Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 “IDCC&R Act”

www.moh.govt.nz/idccr

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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.
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Experience to Date

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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

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

The Act provides for two different levels of care:
  1. Secure Care (hospital level or community based) or
  2. 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:
  1. Care Co-ordinators (who are responsible for the operational administration of the Act;
  2. Care Managers (who are responsible for oversight of the care and rehabilitation plan);
  3. Specialist Assessors (who are responsible for assessments to determine eligibility and care and rehabilitation needs); and
  4. 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.
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The Ministry of Health contact person for the Act is:


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
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