NSWIn ForceAct
Mental Health and Cognitive Impairment Forensic Provisions Act 2020
4Mental health impairment
Start here
Get a plain-English read of 4
Turn the raw legal text into a practical explanation grounded in Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
#### 4 Mental health impairment
4 Mental health impairment
> > (1) For the purposes of this Act, a person has a mental health impairment if—
> >
> > > (a) the person has a temporary or ongoing disturbance of thought, mood, volition, perception or memory, and
> >
> > > (b) the disturbance would be regarded as significant for clinical diagnostic purposes, and
> >
> > > (c) the disturbance impairs the emotional wellbeing, judgment or behaviour of the person.
>
> > (2) A mental health impairment may arise from any of the following disorders but may also arise for other reasons—
> >
> > > (a) an anxiety disorder,
> >
> > > (b) an affective disorder, including clinical depression and bipolar disorder,
> >
> > > (c) a psychotic disorder,
> >
> > > (d) a substance induced mental disorder that is not temporary.
>
> > (3) A person does not have a mental health impairment for the purposes of this Act if the person’s impairment is caused solely by—
> >
> > > (a) the temporary effect of ingesting a substance, or
> >
> > > (b) a substance use disorder.