New South Wales Consolidated Regulations

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) REGULATION 2016 - REG 27

27 Interpretation

(1) In this Division--

"child" means a person who is under the age of 18 years.

"impaired intellectual functioning" , in relation to a person, means--

(a) a total or partial loss of the person's mental functions, or

(b) a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction, or

(c) a disorder, illness or disease that affects the person's thought processes, perceptions of reality, emotions or judgment, or that results in disturbed behaviour.

Note : See clause 3 of Schedule 2 for guidance to custody managers on whether paragraph (a) or (b) applies to a person.

"impaired physical functioning" , in relation to a person, means--

(a) a total or partial loss of the person's bodily functions or of part of a person's body, or

(b) a presence in the person's body of organisms causing or capable of causing disease or illness, or

(c) a malfunction, malformation or disfigurement of part of the person's body.

(2) For the purposes of this Division, a detained person who has impaired physical functioning is taken not to have impaired physical functioning if the custody manager for the person reasonably believes that the person's impairment is so minor that the person will not be significantly disadvantaged with respect to the person's participation in any investigative procedure (in comparison with members of the community generally).