South Australian Current Acts

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MENTAL HEALTH ACT 2009 - SCHEDULE 1

Schedule 1—Certain conduct may not indicate mental illness

A person does not have a mental illness merely because of any 1 or more of the following:

            (a)         the person expresses or refuses or fails to express, or has expressed or refused or failed to express, a particular political opinion or belief;

            (b)         the person expresses or refuses or fails to express, or has expressed or refused or failed to express, a particular religious opinion or belief;

            (c)         the person expresses or refuses or fails to express, or has expressed or refused or failed to express, a particular philosophy;

            (d)         the person expresses or refuses or fails to express, or has expressed or refused or failed to express, a particular sexual preference or sexual orientation;

            (e)         the person engages in or refuses or fails to engage in, or has engaged in or refused or failed to engage in, a particular political activity;

            (f)         the person engages in or refuses or fails to engage in, or has engaged in or refused or failed to engage in, a particular religious activity;

            (g)         the person engages in or has engaged in a particular sexual activity or sexual promiscuity;

            (h)         the person engages in or has engaged in immoral conduct;

                  (i)         the person engages in or has engaged in illegal conduct;

            (j)         the person has developmental disability of mind;

            (k)         the person takes or has taken alcohol or any other drug;

            (l)         the person engages in or has engaged in anti-social behaviour;

            (m)         the person has a particular economic or social status or is a member of a particular cultural or racial group.

However, nothing prevents, in relation to a person who takes or has taken alcohol or any other drug, the serious or permanent physiological, biochemical or psychological effects of drug taking from being regarded as an indication that a person is suffering from mental illness.



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