According to the MHA, a mental illness is defined as ‘a medical condition that is characterised by a significant disturbance of thought, mood, perception or memory" (s.8(1A)).
Criteria that cannot by themselves be used as evidence of mental illness (s.8(2)) are:
- holding or failing to hold particular political, philosophical or religious opinions;
- expressing or failing to express a sexual preference or orientation;
- engaging in or not engaging in particular political or religious activity;
- the taking of drugs or alcohol (although some serious effects of drug or alcohol use may be regarded as an indication that a person is mentally ill);
- engaging in illegal or immoral conduct;
- having an intellectual disability or an anti-social personality;
- having a particular economic or social status; and
- being a member of a particular cultural or racial group.
A personality disorder of itself may not necessarily meet the definition of a mental illness under the MHA. A special procedure is provided for the detention, in limited circumstances, of people with a mental disorder (see: "Mental disorder", below).
People with intellectual disabilities are covered by the Disability Act 2006 (Vic), not by mental health legislation (see: Chapter 16*5 Intellectual Disability).
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WHAT IS PSYCHIATRIC DISABILITY? :: Last updated: Thu Jul 1st 2010