Victorian Repealed Acts

This legislation has been repealed.

Intellectually Disabled Persons' Services Act 1986 - SECT 8

Assessment of intellectual disability3

8. Assessment of intellectual disability3



(1) A person over the age of 5 years is only eligible for services if the
Secretary is satisfied that he or she is intellectually disabled.

(2) For the purposes of assessing whether or not a person over the age of 5
years is intellectually disabled-

   (a)  if a standardised measurement of intelligence is used to assess
        general intellectual functioning and it-

   (i)  indicates that the person has an intelligence not higher than 2
        standard deviations below the population average, then he or she must
        be taken to have significant sub-average general intellectual
        functioning;

   (ii) indicates that the person has an intelligence not lower than 2
        standard deviations below the population average, then he or she must
        be taken not to have significant sub-average general intellectual
        functioning;

   (iii) is inconclusive as to whether or not the person has an intelligence
        higher or lower than 2 standard deviations below the population
        average, then the Secretary may take into account other indicators of
        general intellectual functioning in determining whether or not the
        person has significant sub-average general intellectual functioning;

   (b)  if a standardised measurement of adaptive behaviour is used to assess
        adaptive behaviour and it indicates a score at or below the second
        percentile of people of the same age and cultural group, then he or
        she must be taken to have significant deficits in adaptive behaviour.

(3) In applying a standardised measurement of intelligence for the purposes of
sub-section (2)(a), the Secretary must consider the test result within the 95%
confidence level as determined by the standard error of measurement of the
test.

(4) Nothing in sub-section (2) requires the Secretary to use a standardised
measurement in the assessment of intellectual disability.

(5) If the Secretary is satisfied that a person is intellectually disabled, he
or she must issue a declaration of eligibility for services within 14 days
after the completion of the assessment.

(6) If the Secretary is not satisfied that a person is intellectually
disabled, he or she must within 14 days after the completion of the
assessment-

   (a)  give to the person who made the request under section 7 a written
        statement of reasons why he or she is not satisfied that the person is
        intellectually disabled; and

   (b)  ensure that arrangements are made to convey those reasons to the
        person who has been assessed in the language, mode of communication or
        terms which that person is most likely to understand.

(7) A declaration of eligibility entitles the eligible person to receive
services under this Act.