NSWIn ForceAct
Mental Health Act 2007
16Certain words or conduct may not indicate mental illness or disorder
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#### 16 Certain words or conduct may not indicate mental illness or disorder
16 Certain words or conduct may not indicate mental illness or disorder
(cf 1990 Act, s 11)
> > (1) A person is not a mentally ill person or a mentally disordered person merely because of any one or more of the following—
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> > > (a) the person expresses or refuses or fails to express or has expressed or refused or failed to express a particular political opinion or belief,
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> > > (b) the person expresses or refuses or fails to express or has expressed or refused or failed to express a particular religious opinion or belief,
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> > > (c) the person expresses or refuses or fails to express or has expressed or refused or failed to express a particular philosophy,
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> > > (d) the person expresses or refuses or fails to express or has expressed or refused or failed to express a particular sexual preference or sexual orientation,
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> > > (d1) the person expresses or refuses or fails to express or has expressed or refused or failed to express a particular gender identity or gender expression,
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> > > (e) the person engages in or refuses or fails to engage in, or has engaged in or refused or failed to engage in, a particular political activity,
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> > > (f) the person engages in or refuses or fails to engage in, or has engaged in or refused or failed to engage in, a particular religious activity,
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> > > (g) the person engages in or has engaged in a particular sexual activity or sexual promiscuity,
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> > > (h) the person engages in or has engaged in immoral conduct,
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> > > (i) the person engages in or has engaged in illegal conduct,
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> > > (j) the person has an intellectual disability or developmental disability,
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> > > (k) the person takes or has taken alcohol or any other drug,
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> > > (l) the person engages in or has engaged in anti-social behaviour,
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> > > (m) the person has a particular economic or social status or is a member of a particular cultural or racial group.
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> > (2) Nothing in this Part prevents, in relation to a person who takes or has taken alcohol or any other drug, the serious or permanent physiological, biochemical or psychological effects of drug taking from being regarded as an indication that a person is suffering from mental illness or other condition of disability of mind.
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> **s 16:** Am 2014 No 85, Sch 1 \[10\]; 2024 No 71, Sch 6.