On this page
-
…
Introducing the Intellectual Disability (Compulsory Care and Rehabilitation) Act
Whaikaha – Ministry of Disabled People funds services to support the administration of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003. The Ministry of Health has statutory and regulatory responsibility for the Act.
The IDCC&R Act provides for the compulsory care and rehabilitation of individuals with intellectual disabilities that have been either found unfit to stand trial on, or convicted of, an imprisonable offence.
In most cases these orders are made by a criminal court as a disposition under the Criminal Procedure (Mentally Impaired Persons) Act 2003 (CP(MIP) Act). In addition, the IDCC&R Act provides for the transfer of sentenced prisoners with an intellectual disability where appropriate, and in some cases individuals with an intellectual disability who have been detained as special patients under the Mental Health (Compulsory Assessment and Treatment) Act 1992 who would now be more appropriately cared for under the IDCC&R framework.
Individuals with an intellectual disability made subject to orders under the IDCC&R Act are described as ‘care recipients’. Those found unfit to stand trial on serious charges can be made ‘special care recipients’ and placed under compulsory care up to a maximum period of 10 years. Alternatively, they can be made a care recipient subject to a ‘compulsory care order’ for an initial duration of up to 3 years. Compulsory care orders can be extended by the Family Court. In addition, individuals can be made subject to a sentence of imprisonment and also made subject to a compulsory care order with matching duration and serve their sentence in a designated facility.
The IDCC&R Act provides for 2 different levels of care, Secure Care (hospital-level or community based) or Supervised Care in the community. Care is delivered in designated secure or supervised facilities respectively and the care recipient is required to remain in the designated facility other than for periods of approved leave.
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 also establishes 4 new statutory roles:
- Care coordinators (responsible for the operational administration of the Act).
- Care managers (responsible for oversight of the care and rehabilitation plan).
- Specialist assessors (responsible for assessments to determine eligibility and care and rehabilitation needs).
- Medical consultants (provide a second opinion on medication required to manage a care recipient’s condition).
In addition, the IDCC&R Act provides for the designation of district inspectors who are lawyers already appointed as district inspectors under the Mental Health (Compulsory Assessment and Treatment) Act to safeguard the rights of people subject to an order.
Whaikaha funds the High and Complex Framework, a number of services that support the operation of the IDCC&R Act and services for people subject to compulsory care orders. Service providers for the IDCC&R Act include Health New Zealand – Te Whatu Ora and non-governmental organisations.
Forensic Coordination Service (Intellectual Disability)
Needs assessment and service coordination is provided by the Forensic Coordination Service (Intellectual Disability) (FCS). Needs assessment and service coordination is provided to both care recipients and FCS civil clients. FCS civil clients are individuals with an intellectual disability who have such high and complex behavioural needs that they cannot be adequately supported within mainstream services and meet the eligibility criteria for High and Complex services. FCS employs the Care Coordinators.
To see the FCS service specification, visit Contracts and Service Specifications on the Whaikaha website.
To contact the FCS team email [email protected].
Regional Intellectual Disability Supported Accommodation Service (RIDSAS)
Whaikaha has contracted RIDSAS providers in five main areas throughout New Zealand. These are Auckland and Northland, Hamilton and Midlands area, Wellington area, Christchurch and the upper South Island, and Dunedin.
RIDSAS providers deliver community residential services for FCS referred clients, which includes assessment beds and residential beds. Additionally, in most areas RIDSAS providers deliver life skills and day activity services for clients. Where these are not provided through the RIDSAS provider, an independent Life Skills and Day Activity services provider has been contracted. The RIDSAS providers employ the Care Managers.
Below is the list of current RIDSAS providers by region.
Auckland/Northland
- Te Roopu Taurima O Manukau Trust
- IDEA Services Limited
- Framework Services Limited (Life Skills and Day Activity services)
Hamilton and Midland Area
- Te Roopu Taurima O Manukau Trust
- Community Living Limited
Wellington and Central Area
- IDEA Services Limited
- NZCare Group Limited, trading as Navigate
Christchurch and Upper South Island
- Emerge Aotearoa Limited
- Te Roopu Taurima O Manukau Trust
Dunedin
- Community Care Trust
- PACT Group
To see the service specification for RIDSAS providers, visit Contracts and Service Specifications.
National and Regional Intellectual Disability Secure Services (NIDSS/RIDSS)
RIDSS and NIDSS provide hospital-level secure residential services and assessment beds. Both Auckland and Wellington RIDSS provide some beds for clients transferring from other regions. RIDSS and NIDSS are contracted through Health New Zealand.
Below is the list of providers by region.
Auckland (RIDSS and NIDSS)
- Te Whatu Ora Waitematā, Pohutukawa Unit
Hamilton
- Te Whatu Ora Waikato, Henry Rongomau Bennett Centre
Wellington (RIDSS and NIDSS)
- Te Whatu Ora Capital, Coast and Hutt Valley, Haumietiketike Unit and Hikitia Te Wairua (the NIDSS Youth Unit). There are also two secure step-down cottages, providing a service for clients transitioning out of RIDSS back into the community
Christchurch
- Te Whatu Ora Waitaha Canterbury, Hillmorton Hospital
Dunedin
- Te Whatu Ora Southern, Wakari Hospital. There is also one secure step-down cottage (Helensburgh Cottage) for clients transitioning out of RIDSS back into the community.
Referrals to RIDSS/NIDSS are made by the FCS.
To see the service specification for RIDSS providers, visit Contracts and Service Specifications.
The RIDSS contracts also provide for consultation and liaison services from a Community Liaison Team (CLT). This is a multi-disciplinary team of professionals who provide specialist consultation and liaison services to clients in RIDSAS services. They also support client transition between RIDSS and RIDSAS. Referrals to the CLT are made through the FCS.
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.
