Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 348C

348C Mental health impairment

(1) For the purposes of section 348A (4) (a) (ii) , a person has a mental health impairment if—

(a) the person has a temporary or ongoing disturbance of thought, mood, volition, perception or memory; and

(b) the disturbance would be regarded as significant for clinical diagnostic purposes; and

(c) the disturbance impairs the emotional wellbeing, judgment or behaviour of the person so as to affect functioning in daily life to a material extent.

(2) A mental health impairment may arise from any of the following disorders but may also arise for other reasons—

(a) an anxiety disorder;

(b) an affective disorder;

(c) a psychotic disorder;

(d) a substance induced mental disorder.

(3) A person does not have a mental health impairment for the purposes of section 348A (4) (a) (ii) if the person’s impairment is caused solely by the temporary effect of ingesting a substance.