Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 348B

348B Cognitive impairment

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

(a) the person has an ongoing impairment in adaptive functioning; and

(b) 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

(c) 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.

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

(a) intellectual disability;

(b) borderline intellectual functioning;

(c) dementia;

(d) an acquired brain injury;

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

(f) autism spectrum disorder.