ABSTRACT

This chapter describes the history of the Bill, followed by a consideration of the conceptual links between the Bill and its predecessor, the mental health (compulsory assessment and treatment) Amendment Bill 1994 (New Zealand). It provides the structure of the Bill, and examines consequential changes to New Zealand's criminal justice legislation. Conceived as "client"-focused legislation, the Bill offered the hope of a remedial solution to the special difficulties presented by intellectually disabled persons to the criminal justice system. Early in 1996 the government began to formulate a "Framework for the Development of 'Compulsory Care' Legislation". The jurisdiction of the health and disability commissioner will be extended to provide a framework for monitoring of consumers' rights through investigation of complaints about services. In New Zealand the Children, Young Persons and their families ACT 1989 contains legislative procedures for addressing the needs of all children, including intellectually disabled children. The chapter concludes with a critique of the Bill.