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Mental health impairment

Mental health impairment is defined by the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 as a temporary or ongoing disturbance serious enough to result in a mental health diagnosis and that negatively impacts the person’s emotional wellbeing, judgement or behaviour. A mental health impairment can arise from an anxiety disorder, an affective disorder, a psychotic disorder or a substance-induced mental disorder that is not temporary. A mental health impairment does not include feelings such as grief or anger, or the temporary effect of taking drugs. A substance use disorder is not included in this definition.