Criminal Code Act 1899

For the purposes of section 348A(4)(a)(i), a person has a cognitive impairment if—

the person has an ongoing impairment in adaptive functioning; and

the person has an ongoing impairment in comprehension, reason, judgment, learning or memory so as to affect functioning in daily life to a material extent; and

the impairments result from damage to or dysfunction, developmental delay or deterioration of the person’s brain or mind that may arise from a condition set out in subsection (2) or for other reasons.

A cognitive impairment may arise from any of the following conditions but may also arise for other reasons—

intellectual disability;

borderline intellectual functioning;

dementia;

an acquired brain injury;

drug or alcohol related brain damage, including fetal alcohol spectrum disorder;

autism spectrum disorder.

sch 1 pt 5 ch 32 s 348B ins 2024 No. 5 s 15