Queensland Consolidated Acts

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MENTAL HEALTH ACT 2000 - SECT 12

12 What is mental illness

(1) Mental illness is a condition characterised by a clinically significant disturbance of thought, mood, perception or memory.

(2) However, a person must not be considered to have a mental illness merely because of any 1 or more of the following--

(a) the person holds or refuses to hold a particular religious, cultural, philosophical or political belief or opinion;
(b) the person is a member of a particular racial group;
(c) the person has a particular economic or social status;
(d) the person has a particular sexual preference or sexual orientation;
(e) the person engages in sexual promiscuity;
(f) the person engages in immoral or indecent conduct;
(g) the person takes drugs or alcohol;
(h) the person has an intellectual disability;
(i) the person engages in antisocial behaviour or illegal behaviour;
(j) the person is or has been involved in family conflict;
(k) the person has previously been treated for mental illness or been subject to involuntary assessment or treatment.

(3) Subsection (2) does not prevent a person mentioned in the subsection having a mental illness.

Examples for subsection (3)--
1 A person may have a mental illness caused by taking drugs or alcohol.
2 A person may have a mental illness as well as an intellectual disability.

(4) On an assessment, a decision that a person has a mental illness must be made in accordance with internationally accepted medical standards.



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