Child Disability Assessment Amendment Determination 2005

Administered by Department of Social Services

Legislation au F2005L01434 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Summary

This Determination is made under section 38D of the Social Security Act 1991 (the Act).

The purpose of the Determination is to amend the Child Disability Assessment Determination 2001 (the 2001 Determination) by replacing the List of Recognised Disabilities in Schedule 3 of the 2001 Determination which provides a fast tracking mechanism for qualification to carer allowance payable under the Act. The List of Recognised Disabilities and the Child Disability Assessment Tool are components of the qualification criteria for carer allowance under section 953 of the Act.

Background

The Lists of Recognised Disabilities were introduced in July 1998. An independent evaluation of the Child Disability Assessment Tool was completed in 2000. The evaluation recommended that the Lists of Recognised Disabilities be reviewed every three years.

A Review of the Lists of Recognised Disabilities was completed in 2004. A Reference Group comprising of an independent panel experts met and reviewed the overall effectiveness of the Lists of Recognised Disabilities.

The Reference Group’s findings and recommendations were considered by the Minister for Family and Community Services. The Minister agreed to the majority of the Reference Group’s recommendations and on 17 March 2005 announced the revised Lists of Recognised Disabilities.

The conditions added or modified to the Lists of Recognised Disabilities as amended by the Child Disability Assessment Amendment Determination 2003 (the 2003 Amendment Determination) were ‘quarantined’ for two years and not considered by the 2004 Review.

Consultation

The Department of Family and Community Services advertised nationally for submissions to the Review of the Lists of Recognised Disabilities. The Reference Group comprised of medical experts, representatives of peak carer groups, social workers and carers.

The Reference Group took into account all submissions from peak bodies, carers and the community to the Review as well as data and technical developments that have occurred since the last review.

The Review also sought additional expert medical advice on a number of physical and medical conditions to assess the appropriateness of including certain conditions on the Lists of Recognised Disabilities.

Explanation of the provisions

Section 1 of the Determination states the name of the determination.

Section 2 provides that the Determination commences on 1 July 2005.

Section 3 specifies that Schedule 1 amends the 2001 Determination.

Item 1 of Schedule 1 of the Determination omits Schedule 3 of the 2001 Determination (List of Recognised Disabilities) and substitutes a new Schedule 3.

Part 1 of Schedule 3

Part 1 provides for a list of recognised disabilities. The recognised disabilities are very similar to those that appear in Part 1 of Schedule 3 of the 2001 Determination as amended by the Child Disability Assessment Amendment Determination 2003 (the 2003 Amendment Determination).

Item 1 corresponds to item 1 in Part 1 of Schedule 3 of the 2001 Determination but extends the multiple or physical disability from just ‘severe’ to ‘moderate to severe’.

Item 2 corresponds to item 9 in Part 1 of Schedule 3 of the 2001 Determination.

Item 3 corresponds to item 11 in Part 1 of Schedule 3 of the 2001 Determination as amended by the 2003 Amendment Determination.

Item 4 corresponds to item 2 in Part 1 of Schedule 3 of the 2001 Determination but instead of an exhaustive list of chromosomal or syndromic conditions this item now provides a positive statement about the conditions, the extent of disability and diagnosis by an appropriate medical specialist. The Department’s Guide to Social Security Law (the Guide) will specify the following conditions, where the extent of disability criteria are met, as examples: Coffin‑Lowry syndrome, Congenital rubella syndrome, Cornelia de Lange syndrome, Kabuki Make-up syndrome, Larsen syndrome, Opitz G syndrome, Pallister‑Killian syndrome, Seckel syndrome, Smith-Magenis syndrome, CHARGE association, Cri du chat syndrome, Rett syndrome, Prader-Willi syndrome, Edwards syndrome (Trisomy 18) Williams syndrome and Patau syndrome (Trisomy 13). In addition other chromosomal or syndromic conditions of Down syndrome and Fragile X syndrome are respectively listed at items 17 and 18. These conditions were previously listed in the 2001 Determination as amended by the 2003 Amendment Determination but now do not impose any age limit.

Item 5 corresponds to item 6 in Part 1 of Schedule 3 of the 2001 Determination in relation to neurometabolic degenerative conditions that includes lysosomal storage disorders. This item also provides a positive statement about the conditions, the extent of disability and the requirement that the condition be diagnosed by an appropriate medical specialist. The Guide will specify the following lysosomal storage disorders, where the extent of disability criteria are met, as examples:

Metachromatic Leukodystrophy
Tay Sach’s disease
Krabbe disease
Pompe disease
Mucopolysaccharidoses and that these include:

- Hurler syndrome (MPS 1)

- Hunter syndrome (MPS 2)

- San Filippo syndrome (MPS 3)

- Morquio syndrome (MPS IVA)

- Maroteaux-Lamy syndrome (MPS VI).

The Guide will also specify the following neurometabolic degenerative conditions, where the extent of disability criteria are met, as examples:

Lesch Nyhan syndrome
Menkes disease
Zellweger syndrome and related peroxisomal disorders
Some mitochondrial respiratory chain disorders.

Item 6 is a new recognised disability of neurodegenerative disorders. This item also provides a positive statement about the conditions, the extent of disability and the requirement that the condition be diagnosed by an appropriate medical specialist. The Guide will specify Ataxia Telangiectasia and unclassified Leukodystrophies, where the extent of disability criteria are met, as examples.

Item 7 corresponds to item 7 in Part 1 of Schedule 3 of the 2001 Determination.

Item 8 corresponds to item 3 in Part 1 of Schedule 3 of the 2001 Determination.

Item 9 corresponds to item 4 in Part 1 of Schedule 3 of the 2001 Determination but includes Asperger’s Disorder where previously this disorder had not been included.

Item 10 corresponds to item 10 in Part 1 of Schedule 3 of the 2001 Determination.

Item 11 corresponds to item 5 in Part 1 of Schedule 3 of the 2001 Determination. It extends the visual acuity from less than 6/60 with corrected vision to less than or equal to 6/60 with corrected vision. The hearing loss impairment is now based on 4 frequency test (including 4000Hz) instead of a 3 frequency test and the loss is at 45 decibels or greater in the better ear rather than 70 decibels or more.

Item 12(a) corresponds to item 8 in Part 1 of Schedule 3 of the 2001 Determination. Item 12(b) and (c) lists other dermatological conditions that are specific and exhaustive.

Item 13 corresponds to item 2(k) in Part 1 of Schedule 3 of the 2001 Determination as amended by the 2003 Amendment Determination.

Item 14 is new and adds inborn errors of metabolism treated by a medically prescribed diet to prevent neurological disability and/or severe organ damage. The Guide will specify the following conditions as examples:

organic acidaemias
urea cycle defects
galactosaemia
some fatty acid or oxidation defects.

Item 15 corresponds to item 2(j) in Part 1 of Schedule 3 of the 2001 Determination as amended by the 2003 Amendment Determination.

Item 16 is new and adds moderate to severe Osteogenesis Imperfecta with two or more fractures per year and/or significant pain that significantly limits activities of daily living.

Item 17 corresponds to item 2(a) in Part 1 of Schedule 3 of the 2001 Determination as amended by the 2003 Amendment Determination.

Item 18 corresponds to item 2(b) in Part 1 of Schedule 3 of the 2001 Determination as amended by the 2003 Amendment Determination.

Part 2 of Schedule 3

Part 2 provides for a list of medical conditions. The medical conditions are very similar to those that appear in Part 2 of Schedule 3 of the 2001 Determination.

Item 1 corresponds to items 1 and 2 in Part 2 of Schedule 3 of the 2001 Determination.

Item 2 corresponds to item 4 in Part 2 of Schedule 3 of the 2001 Determination but is not limited to HIV/AIDS Category IV. The child is required to be symptomatic (in addition to having lymphadenopathy) and requires treatment with a three or more drug antiviral regimen.

Item 3 corresponds to item 5 in Part 2 of Schedule 3 of the 2001 Determination.

Item 4(a), (b) and (c) respectively correspond to items 3, 8 and 9 in Part 2 of Schedule 3 of the 2001 Determination. Item 4(a) also includes Haemophagocytic Lymphohistiocytosis. Item 4(c) also includes Haemoglobinopathy requiring chelation therapy. Items 4(d), (e) and (f) are new medical conditions.

Item 5(a) and (b) respectively correspond to items 6 and 7 in Part 2 of Schedule 3 of the 2001 Determination. Item 5(c) is a new medical condition.

Item 6 is a new medical condition.

Item 7 corresponds to item 10 in Part 2 of Schedule 3 of the 2001 Determination. 15% of total body area has been extended to 30% total body area, or lesser burn where there is significant impairment of function of the hands or feet or assistance is required with feeding or toileting to a greater degree that is age appropriate for the child.

Items 8, 9, and 10 are new medical conditions.

Overview

The Child Disability Assessment Amendment Determination 2005 was enacted to address the need for updating the list of recognised disabilities for the purpose of determining eligibility for carer allowance under the Social Security Act 1991. This Determination was made by the Minister for Family and Community Services, following recommendations from a Reference Group that evaluated the effectiveness of the Lists of Recognised Disabilities. The objective of the Determination is to replace the outdated List of Recognised Disabilities in the Child Disability Assessment Determination 2001 with a revised list that reflects current medical understanding and community needs. The Determination aims to ensure that the assessment process for carer allowance remains fair and accurate, providing appropriate support to carers of children with disabilities. The Determination consists of a new Schedule 3 that updates the List of Recognised Disabilities, incorporating new conditions and modifying existing ones to reflect advancements in medical knowledge and feedback from stakeholders. The amendments aim to streamline the qualification process for carer allowance by fast-tracking certain disabilities, ensuring that the support provided is timely and relevant to the needs of the children and their families. This Determination was introduced to address the gap identified in the need for regular updates to the Lists of Recognised Disabilities to maintain their relevance and effectiveness in supporting carers of children with disabilities.

Scope and Application

The Child Disability Assessment Amendment Determination 2005 is a legislative instrument made under section 38D of the Social Security Act 1991, aimed at updating the Child Disability Assessment Determination 2001 by replacing the List of Recognised Disabilities in Schedule 3. This list, along with the Child Disability Assessment Tool, is integral to the qualification criteria for carer allowance under section 953 of the Act. The Determination applies to individuals who are caregivers for children with disabilities that meet the criteria specified in the revised List of Recognised Disabilities, thereby facilitating their eligibility for carer allowance. The jurisdictional reach of this Determination is federal, affecting all states and territories within Australia as it operates under the Commonwealth’s legislative framework. The scope of the Amendment Determination includes a comprehensive revision of the List of Recognised Disabilities, which now includes additional conditions and modifies existing ones to better reflect current medical understanding and the needs of affected families. The Determination also extends the criteria for multiple or physical disabilities to include those of moderate to severe extent, and broadens the range of neurometabolic degenerative conditions, lysosomal storage disorders, and neurodegenerative disorders recognised for eligibility. Additionally, it introduces new conditions such as inborn errors of metabolism treated by a medically prescribed diet and moderate to severe Osteogenesis Imperfecta. These changes aim to provide a more inclusive and accurate reflection of the disabilities that may qualify for carer allowance. The Determination does not explicitly mention any exclusions, exemptions, or thresholds, but such details are likely to be elaborated in the Department’s Guide to Social Security Law, which will provide further clarification on the application of these amendments.

Key Provisions

The Child Disability Assessment Amendment Determination 2005 (section 2) amends the Child Disability Assessment Determination 2001, replacing the List of Recognised Disabilities in Schedule 3, which is a fast tracking mechanism for qualification to carer allowance under the Social Security Act 1991 (section 953). The List of Recognised Disabilities is crucial for the assessment process, and this amendment introduces a revised list, updating the conditions that qualify for carer allowance based on the child’s disability. The obligations imposed by this Amendment Determination require carers to ensure that the child's disability is recognised under the updated List of Recognised Disabilities in Schedule 3. This includes providing appropriate medical documentation and diagnosis from a specialist, as the new conditions have specific criteria regarding the extent of disability and the need for diagnosis by an appropriate medical specialist. Carers must also be aware of the specific conditions listed, such as Coffin-Lowry syndrome, Tay Sach’s disease, and Ataxia Telangiectasia, among others, and ensure that these conditions meet the specified extent of disability criteria. Additionally, the Department's Guide to Social Security Law will further detail the specific conditions and the criteria that must be met. Failure to comply with the requirements of this Amendment Determination can result in penalties. The Social Security Act 1991 imposes various penalties for non-compliance, including the possibility of financial penalties for providing false or misleading information. The severity of the penalty can vary, but it may include fines up to a certain amount as determined by the courts. Furthermore, persistent non-compliance or deliberate misrepresentation can lead to more severe consequences, such as the disqualification from receiving carer allowance or legal action against the individual or entity involved. It is essential for parties governed by this Act to adhere to the outlined requirements to avoid these potential consequences.

Area of Law: Social Security Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Regulatory Standards; Licensing & Registration

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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