153Determination whether a person is a mentally ill person or mentally disordered person

#### 153 Determination whether a person is a mentally ill person or mentally disordered person 153 Determination whether a person is a mentally ill person or mentally disordered person (cf 1990 Act, s 268) > > (1) A member of the Tribunal must not determine, for the purposes of this Act or the [Mental Health and Cognitive Impairment Forensic Provisions Act 2020](/view/html/inforce/current/act-2020-012), that a person is a mentally ill person or a mentally disordered person unless the member is satisfied, on the balance of probabilities, that the person is a mentally ill person or a mentally disordered person. > > > (2) In determining whether a person is a mentally ill person, a member is to give due regard to the following— > > > > > (a) any cultural factors relating to the person that may be relevant to the determination, > > > > > (b) any evidence given to the Tribunal by an expert witness concerning the person’s cultural background and its relevance to any question of mental illness. > > **s 153:** Am 2008 No 79, Sch 2 \[34\]; 2020 No 12, Sch 3.17\[12\].