New South Wales Repealed Acts

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This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 268

Determination whether a person is a mentally ill person etc

268 Determination whether a person is a mentally ill person etc

(1) A member must not determine, for the purposes of this Act, that a person is a mentally ill person or a mentally disordered person unless the member is satisfied that on the balance of probabilities the person is a mentally ill person or a mentally disordered person.
(2) In determining, for the purposes of this Act, whether a person is a mentally ill person, a member is to give due regard:
(a) to any cultural factors relating to the person which may be relevant to the determination, and
(b) to any evidence given to the Tribunal by an expert witness concerning the person's cultural background and its relevance to any question of mental illness.



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