Mental Health Act 2009
Sch 1Certain conduct may not indicate mental illness
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Schedule 1—Certain conduct may not indicate mental illness A person does not have a mental illness merely because of any 1 or more of the following: (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; (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; (c) the person expresses or refuses or fails to express, or has expressed or refused or failed to express, a particular philosophy; (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; (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; (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; (g) the person engages in or has engaged in a particular sexual activity or sexual promiscuity; (h) the person engages in or has engaged in immoral conduct; (i) the person engages in or has engaged in illegal conduct; (j) the person has developmental disability of mind; (k) the person takes or has taken alcohol or any other drug; (l) the person engages in or has engaged in anti‑social behaviour; (m) the person has a particular economic or social status or is a member of a particular cultural or racial group. However, nothing 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.