(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following term:
• body
• entity
• function
• guardianship tribunal
• lawyer
• mental health tribunal.
"child" means a person who is under 12 years old.
"disability" means—
(a) either of the following conditions:
(i) a physical, mental, psychological or intellectual condition;
(ii) a condition that would make a person a forensic patient; if
(b) the condition gives rise to a need for protection from abuse, exploitation or neglect, or a combination of those things.
"forensic patient" includes a person who has been—
(a) apprehended by a police officer because the person's behaviour or statements indicate to the officer that the person may be suffering from a mental dysfunction or mental illness; or
(b) found by a court or the mental health tribunal to be unfit to plead; or
(c) acquitted of a criminal charge because of mental impairment; or
(d) found guilty of a criminal offence and is mentally dysfunctional or mentally ill, or has become mentally dysfunctional or mentally ill while serving a sentence of imprisonment.
"mental dysfunction" means a disturbance or defect, to a substantially disabling degree, of perceptual interpretation, comprehension, reasoning, learning, judgment, memory, motivation or emotion.
"mental illness" means a condition that seriously impairs (either temporarily or permanently) the mental functioning of a person and is characterised by the presence in the person of any of the following symptoms:
(a) delusions;
(b) hallucinations;
(c) serious disorder of thought form;
(d) a severe disturbance of mood;
(e) sustained or repeated irrational behaviour indicating the presence of the symptoms mentioned in paragraph (a), (b), (c) or (d).
"public advocate" means the Public Advocate under section 6.
"staff", in relation to the public advocate, means the staff mentioned in section 8.
"young person" means a person who is 12 years old or older, but not yet an adult.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 30 June 2005.
2 Notification
Notified under the Legislation Act on 2 September 2005.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
I certify that the above is a true copy of the Public Advocate Bill
2005, which was passed by the Legislative Assembly on 25 August
2005.
Clerk of the Legislative Assembly
© Australian Capital Territory 2005