Coroners Act 2009

For this Act, a person in the relevant group is a person who has a disability, whether or not of a chronic episodic nature, that—

is attributable to an intellectual, cognitive, neurological, psychiatric, sensory or physical impairment, or a combination of those impairments, and

is permanent or likely to be permanent, and

results in a significant reduction in the person’s functional capacity in one or more areas of major life activity, including, for example, communication, social interaction, learning, mobility, decision-making, self-care and self-management, and

results in the need for support, whether or not of an ongoing nature.

To avoid doubt, each of the following persons, within the meaning of the Mental Health Act 2007, is a person in the relevant group if the person has a disability referred to in subsection (1)—

an involuntary patient or a forensic patient,

a person subject to a community treatment order,

a person under detention in a mental health facility.

A person in the relevant group includes a child under 6 years of age who has developmental delay within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth.

To avoid doubt, a person with a permanent disability is a person in the relevant group even if the severity of the person’s impairment because of the disability may diminish over time or the person’s condition may improve.

In this section—

help the person undertake the person’s day to day activities,

increase the person’s independence,

facilitate the person’s social and economic inclusion in the community.