New South Wales Consolidated Acts

CORONERS ACT 2009 - SECT 24A

24A Meaning of "person in the relevant group"

(1) For this Act, a
"person in the relevant group" is a person who has a disability, whether or not of a chronic episodic nature, that--

(a) is attributable to an intellectual, cognitive, neurological, psychiatric, sensory or physical impairment, or a combination of those impairments, and

(b) is permanent or likely to be permanent, and

(c) results in a significant reduction in the person's functional capacity in one or more areas of major life activity, including, for example, communication, social interaction, learning, mobility, decision-making, self-care and self-management, and

(d) results in the need for support, whether or not of an ongoing nature.

(2) To avoid doubt, each of the following persons, within the meaning of the Mental Health Act 2007 , is a person in the relevant group if the person has a disability referred to in subsection (1)--

(a) an involuntary patient or a forensic patient,

(b) a person subject to a community treatment order,

(c) a person under detention in a mental health facility.

(3) A person in the relevant group includes a child under 6 years of age who has developmental delay within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth.

(4) To avoid doubt, a person with a permanent disability is a person in the relevant group even if the severity of the person's impairment because of the disability may diminish over time or the person's condition may improve.

(5) In this section--

"disability" , in relation to a person, includes a long-term physical, psychiatric, intellectual or sensory impairment that, in interaction with various barriers, may hinder the person's full and effective participation in the community on an equal basis with others.

"support" means assistance provided to a person with disability to do one or more of the following--

(a) help the person undertake the person's day to day activities,

(b) increase the person's independence,

(c) facilitate the person's social and economic inclusion in the community.