6Mental illness

6 Mental illness (1) A mental illness is a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person in one or more of the areas of thought, mood, volition, perception, orientation or memory and is characterised: (a) by the presence of at least one of the following symptoms: (i) delusions; (ii) hallucinations; (iii) serious disorders of the stream of thought; (iv) serious disorders of thought form; (v) serious disturbances of mood; or (b) by sustained or repeated irrational behaviour that may be taken to indicate the presence of at least one of the symptoms referred to in paragraph (a). (2) A determination that a person has a mental illness is only to be made in accordance with internationally accepted clinical standards. (3) A person is not to be considered to have a mental illness merely because he or she: (a) expresses or refuses or fails to express a particular political or religious opinion or belief, a particular philosophy or a particular sexual preference or sexual orientation; or (b) engages, or refuses or fails to engage, in a particular political, religious or cultural activity; or (c) engages, or has engaged, in sexual promiscuity, immoral or illegal conduct or anti-social behaviour; or (d) has a sexual disorder; or (e) is intellectually disabled; or (f) uses alcohol or other drugs; or (g) has a personality disorder or a habit or impulse disorder; or (h) has, or has not, a particular political, economic or social status; or

Mental Health and Related Services Act 1998 8 (j) communicates, or refuses or fails to communicate, or behaves or refuses or fails to behave, in a manner consistent with his or her cultural beliefs, practices or mores; or (k) is, or is not, a member of a particular cultural, racial or religious group; or (m) is involved, or has been involved, in family or professional conflict; or (n) has been treated for mental illness or has been detained in a hospital that provides treatment of mental illness; or (p) has been admitted as an involuntary patient on the grounds of mental disturbance or complex cognitive impairment; or (q) has acquired brain damage.