AustLII Tasmanian Consolidated Acts

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MENTAL HEALTH ACT 2013 - SECT 4

Meaning of mental illness

(1)  For the purposes of this Act –
(a) a person is taken to have a mental illness if he or she experiences, temporarily, repeatedly or continually –
(i) a serious impairment of thought (which may include delusions); or
(ii) a serious impairment of mood, volition, perception or cognition; and
(b) nothing prevents the serious or permanent physiological, biochemical or psychological effects of alcohol use or drug-taking from being regarded as an indication that a person has a mental illness.
(2)  However, under this Act, a person is not to be taken to have a mental illness by reason only of the person's –
(a) current or past expression of, or failure or refusal to express, a particular political opinion or belief; or
(b) current or past expression of, or failure or refusal to express, a particular religious opinion or belief; or
(c) current or past expression of, or failure or refusal to express, a particular philosophy; or
(d) current or past expression of, or failure or refusal to express, a particular –
(i) sexual preference or orientation; or
(ii) gender identity or expression; or
(e) current or past engagement in, or failure or refusal to engage in, a particular political or religious activity; or
(f) current or past engagement in a particular sexual activity or sexual promiscuity; or
(g) current or past engagement in illegal conduct; or
(h) current or past engagement in an antisocial activity; or
(i) particular economic or social status; or
(j) membership of a particular cultural or racial group; or
(k) intoxication (however induced); or
(l) intellectual or physical disability; or
(m) acquired brain injury; or
(n) dementia; or
(o) temporary unconsciousness.



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