Seafarers Rehabilitation and Compensation (Catastrophic Injury) Rules 2018 (Cth)

Seafarers Rehabilitation and Compensation (Catastrophic Injury) Rules 2018

I, CRAIG LAUNDY, Minister for Small and Family Business, the Workplace and Deregulation, make the following rules.

Dated 22/8/18

CRAIG LAUNDY

Minister for Small and Family Business, the Workplace and Deregulation

Contents

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1Name

This instrument is the Seafarers Rehabilitation and Compensation (Catastrophic Injury) Rules 2018.

2Commencement

This instrument commences the day after it is registered on the Federal Register of Legislation.

3Authority

This instrument is made under section 144 of the Act.

4Application

This instrument applies to an injury suffered by an employee whether the injury was suffered before, on, or after the commencement of this instrument.

5Definitions

In this instrument:

Actmeans the Seafarers Rehabilitation and Compensation Act 1992.

injury means an injury for which compensation is payable under the Act.

6Conditions of a catastrophic injury

For the purposes of the definition of catastrophic injury in section 3 of the Act, an injury is a catastrophic injury if one or more of the following conditions are satisfied:

1. (a)

   the injury is a catastrophic spinal cord injury; or

2. (b)

   the injury is a catastrophic brain injury; or

3. (c)

   the injury is a catastrophic amputation injury; or

4. (d)

   the injury is a catastrophic burn injury; or

5. (e)

   the injury is a catastrophic blindness injury.

7Catastrophic spinal cord injury

An injury is a catastrophic spinal cord injury if it is a lesion of the spinal cord or cauda equina which results in one or more of the following:

1. (a)

   sensory deficit; or

2. (b)

   motor deficit; or

3. (c)

   bladder dysfunction; or

4. (d)

   bowel dysfunction.

8Catastrophic brain injury

An injury is a catastrophic brain injury if it is a brain injury which results in:

1. (a)

   impairment of cognitive, physical or psychosocial functions; and

2. (b)

   impairment assessed at a score of 5 or less on any of the items on the FIMTM score sheet at Schedule 1; and

3. (c)

   one or both of the following:

   1. (i)

      a period of post traumatic amnesia of at least 7 days; or

   2. (ii)

      a significant brain imaging abnormality.

   Note: The FIMTM (Functional Independence Measure) is a basic indicator of severity of functional limitation.

9Catastrophic amputation injury

Single injury

(1)

An injury is a catastrophic amputation injury if:

1. (a)

   the injury results in at least one of the following:

   1. (i)

      a forequarter amputation; or

   2. (ii)

      a shoulder disarticulation; or

   3. (iii)

      if the injury is a brachial plexus avulsion injury—no residual functioning in the upper extremity; or

   4. (iv)

      a hindquarter amputation; or

   5. (v)

      a hip disarticulation; or

   6. (vi)

      if the injury is a lumbar plexus avulsion injury—no residual functioning in the lower extremity; or

   7. (vii)

      an amputation involving the loss of 65% or more of the length of the femur; or

2. (b)

   the injury results in at least two of the following:

   1. (i)

      loss of 50% or more of the length of the tibia of the left leg; or

   2. (ii)

      loss of 50% or more of the length of the tibia of the right leg; or

   3. (iii)

      loss of the thumb of the left hand at or above the first metacarpophalangeal joint; or

   4. (iv)

      loss of the thumb of the right hand at or above the first metacarpophalangeal joint.

Multiple injuries

(2)

An injury is a catastrophic amputation injury if:

1. (a)

   the injury results in any one of the losses specified in paragraph (1)(b); and

2. (b)

   prior to the employee suffering the injury, the employee suffered an injury to a different limb or limbs (the earlier injury); and

3. (c)

   the earlier injury:

   1. (i)

      satisfies the conditions for a catastrophic amputation injury in subsection (1); or

   2. (ii)

      results in any one of the losses specified in paragraph (1)(b).

(3)

For the avoidance of doubt, the earlier injury mentioned in subparagraph (2)(c)(ii) is not a catastrophic amputation injury unless the earlier injury satisfies the conditions for a catastrophic amputation injury in subsection (1) or (2).

10Catastrophic burn injury

An injury is a catastrophic burn injuryif it results in impairment assessed at a score of 5 or less on any of the items on the FIMTM score sheet at Schedule 1, and the injury is one or both of the following:

1. (a)

   full thickness burns:

   1. (i)

      for an employee aged 16 years or above at the time of the injury—greater than 40% of the total body surface area; or

   2. (ii)

      for an employee aged under 16 years at the time of the injury— greater than 30% of the total body surface area; or

   3. (iii)

      to the hands, face or genital area; or

2. (b)

   inhalation burns resulting in vital capacity or forced expiratory volume in one second which is less than 50% of that predicted for the employee’s age, height and ethnicity.

   Note: The FIMTM (Functional Independence Measure) is a basic indicator of severity of functional limitation.

11Catastrophic blindness injury

An injury is a catastrophic blindness injury if it results in one or more of the following:

1. (a)

   visual acuity after correction by suitable lenses of less than 6/60 in both eyes; or

2. (b)

   constriction to within 10 degrees of fixation in the better eye irrespective of corrected visual acuity; or

3. (c)

   a combination of visual defects resulting in the same degree of visual impairment as that specified in subsection (a) or (b).

   Note: An employee would have visual acuity of 6/60 if the employee is only able to see at a distance of 6 metres a symbol which a person with normal vision could see at a distance of 60 metres.

Schedule 1—FIMTM score sheet

Patient’s name:			Date of birth:
Type of injury: Brain injury Burn			Date of injury:
Hospital / unit:			Date of assessment:
Method of administration: Direct observation Interview with:
Item	Score	Is score due to the injury?	Reasons for score

FIM is a trademark of Uniform Data System for Medical Rehabilitation, a division of UB Foundation Activities, Inc. AROC (the Australasian Rehabilitation Outcomes Centre) holds the territory licence for the FIM in Australia.