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, 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].