Mental Health and Wellbeing Act 2022
4Meaning of mental illness in this Act
Start here
Get a plain-English read of 4
Turn the raw legal text into a practical explanation grounded in Mental Health and Wellbeing Act 2022.
4 Meaning of mental illness in this Act
(1) Mental illness is a medical condition that is characterised by a significant disturbance of thought, mood, perception or memory.
(2) A person is not to be considered to have mental illness by reason only of any one or more of the following—
(a) that the person expresses or refuses or fails to express a particular political opinion or belief;
(b) that the person expresses or refuses or fails to express a particular religious opinion or belief;
(c) that the person expresses or refuses or fails to express a particular philosophy;
(d) that the person expresses or refuses or fails to express a particular sexual preference, gender identity or sexual orientation;
(e) that the person engages in or refuses or fails to engage in a particular political activity;
(f) that the person engages in or refuses or fails to engage in a particular religious activity;
(g) that the person has engaged in a certain pattern of sexual behaviour;
(h) that the person engages in conduct that is contrary to community standards of acceptable conduct;
(i) that the person engages in illegal conduct;
(j) that the person engages in antisocial behaviour;
(k) that the person is intellectually disabled;
(l) that the person uses drugs or alcohol;
(m) that the person has a particular economic or social status or is a member of a particular cultural or racial group;
(n) that the person is or has previously been involved in family conflict;
(o) that the person is experiencing or has experienced psychological distress;
(p) that the person has previously been diagnosed with, or treated for, mental illness.
(3) Subsection (2)(l) does not prevent the serious temporary or permanent physiological, biochemical or psychological effects of using drugs or alcohol from being regarded as an indication that a person has mental illness.