Mental Health Act 2016
sec.10Meaning of mental illness
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sec.10 Meaning of mental illness
Mental illness is a condition characterised by a clinically significant disturbance of thought, mood, perception or memory. However, a person must not be considered to have a mental illness merely because— the person holds or refuses to hold a particular religious, cultural, philosophical or political belief or opinion; or the person is a member of a particular racial group; or the person has a particular economic or social status; or the person has a particular sexual preference or sexual orientation; or the person engages in sexual promiscuity; or the person engages in immoral or indecent conduct; or the person takes drugs or alcohol; or the person has an intellectual disability; or the person engages in antisocial behaviour or illegal behaviour; or the person is or has been involved in family conflict; or the person has previously been treated for a mental illness or been subject to involuntary assessment or treatment. Subsection (2) does not prevent a person mentioned in the subsection having a mental illness. A person may have a mental illness caused by taking drugs or alcohol. A person may have a mental illness as well as an intellectual disability. A decision that a person has a mental illness must be made in accordance with internationally accepted medical standards. (sec.10-ssec.1) Mental illness is a condition characterised by a clinically significant disturbance of thought, mood, perception or memory. (sec.10-ssec.2) However, a person must not be considered to have a mental illness merely because— the person holds or refuses to hold a particular religious, cultural, philosophical or political belief or opinion; or the person is a member of a particular racial group; or the person has a particular economic or social status; or the person has a particular sexual preference or sexual orientation; or the person engages in sexual promiscuity; or the person engages in immoral or indecent conduct; or the person takes drugs or alcohol; or the person has an intellectual disability; or the person engages in antisocial behaviour or illegal behaviour; or the person is or has been involved in family conflict; or the person has previously been treated for a mental illness or been subject to involuntary assessment or treatment. (sec.10-ssec.3) Subsection (2) does not prevent a person mentioned in the subsection having a mental illness. A person may have a mental illness caused by taking drugs or alcohol. A person may have a mental illness as well as an intellectual disability. (sec.10-ssec.4) A decision that a person has a mental illness must be made in accordance with internationally accepted medical standards.
- (a) the person holds or refuses to hold a particular religious, cultural, philosophical or political belief or opinion; or
- (b) the person is a member of a particular racial group; or