4Meaning of mental illness

4 Meaning of mental illness

(1)  For the purposes of this Act –

(a) a person is taken to have a mental illness if he or she experiences, temporarily, repeatedly or continually –

(i) a serious impairment of thought (which may include delusions); or

(ii) a serious impairment of mood, volition, perception or cognition; and

(b) nothing prevents the serious or permanent physiological, biochemical or psychological effects of alcohol use or drug-taking from being regarded as an indication that a person has a mental illness.

(2)  However, under this Act, a person is not to be taken to have a mental illness by reason only of the person's –

(a) current or past expression of, or failure or refusal to express, a particular political opinion or belief; or

(b) current or past expression of, or failure or refusal to express, a particular religious opinion or belief; or

(c) current or past expression of, or failure or refusal to express, a particular philosophy; or

(d) [Section 4 Subsection (2) amended by No. 4 of 2023, s. 44, Applied:25 Sep 2023] current or past expression of, or failure or refusal to express, a particular –

(i) sexual preference or orientation; or

(ii) gender identity or expression; or

(e) current or past engagement in, or failure or refusal to engage in, a particular political or religious activity; or

(f) current or past engagement in a particular sexual activity or sexual promiscuity; or

(g) current or past engagement in illegal conduct; or

(h) current or past engagement in an antisocial activity; or

(i) particular economic or social status; or

(j) membership of a particular cultural or racial group; or