Introductory
Part 1 Introductory
1.1 Name of determination [see Note 1]
This determination is the Child Disability Assessment Determination 2001.
1.2 Commencement [see Note 1]
This determination commences on 1 January 2002.
1.3. Interpretation
(1) In this determination:
1999 determination means the determination made on 28 June 1999 under section 38D of the Act.
Act means the Social Security Act 1991.
Administration Act means the Social Security (Administration) Act 1999.
claimant means a person mentioned in subsection 2.1 (2).
claimant questionnaire means a questionnaire mentioned in subsection 2.1 (1).
professional questionnaire means a questionnaire mentioned in subsection 2.1 (3).
treating health professional means a person approved under section 1.6.
(2) A reference to a child in Schedule 1 or 2 is a reference to a person aged under 16.
Note Some expressions used in this determination are defined in the Social Security Act 1991 (see sections 5 and 23), including:
Note: Child Disability Assessment Tool
Note: officer
Note: Secretary.
1.4 Revocation
The Child Disability Assessment Determination 1999 is revoked.
1.5 Delegation
(1) The Secretary may, in writing, delegate to an officer all or any of the powers of the Secretary under this determination. (2) At the commencement of this determination, an officer to whom a power was delegated under the 1999 determination has the same delegated power under this determination if: (a) the Secretary has a power under this determination that is the same as the power delegated under the 1999 determination; and (b) the delegation under the 1999 determination has not been revoked.
1.6 Treating health professional
(1) The Secretary may approve a person as a treating health professional. (2) The Secretary may also approve a class of persons as treating health professionals. (3) A person approved, or in a class of persons approved, by the Secretary under section 1.5 of the 1999 determination is a treating health professional for this determination.
Note A treating health professional is the only person who can complete the questionnaire set out in Part 2 of Schedule 1 (see subsections 2.1 (3) and (4)).
1.7 Disability assessment components
(1) Part 2 of this determination sets out the Child Disability Assessment Tool. (2) Part 3 of this determination declares, for section 953 of the Act, recognised disabilities.
Note 1 Under subsection 38D (1) of the Act, the Secretary may, by determination in writing:
Note: (a) devise a test for assessing functional ability, behaviour and special care needs of a person aged under 16; and
Note: (b) provide a method for rating the person by giving him or her, on the basis of the results of the test, a score in accordance with a scale.
Note: The scale must provide for a range of negative and positive scores, under which:
Note: (a) a negative score indicates an absence of a physical, intellectual or psychiatric disability at a significant level; and
Note: (b) a positive score indicates the presence of a physical, intellectual or psychiatric disability at a significant level.
Note: Under subsection 38D (4) of the Act, the part of the determination setting out the test and the rating method is the Child Disability Assessment Tool.
Note 2 Under subsection 38D (3) of the Act, the Secretary’s determination may also declare that a specified physical, intellectual or psychiatric disability is a recognised disability for section 953 of the Act.