Seanad debates

Thursday, 8 April 2004

Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed).

 

Photo of Paul BradfordPaul Bradford (Fine Gael)

I move amendment No. 6:

In page 4, subsection (1), between lines 8 and 9, to insert the following definition:

" 'mental illness' means a condition which seriously impairs, either temporarily or permanently, the mental functioning of a person and is characterised by the presence in the person of any one or more 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 any one or more of the symptoms referred to in paragraphs (a) to (d);".

I move this amendment on behalf of my colleague, Senator Terry, who cannot be here this morning because she has another engagement. I apologise to the Minister on her behalf.

The definition of "mental disorder" in the Bill includes a reference to the term "mental illness". This amendment proposes that a definition of "mental illness" be included to give more detail. It would be helpful to define "mental illness" in this section. The definition proposed by Senator Terry is taken from mental health legislation in New South Wales. I ask him to consider the proposed definition. We have defined "mental disorder", but we suggest that the Bill should go a little further by specifically defining the term "mental illness" which is mentioned in the definition of "mental disorder".

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