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
1 Name
2 Commencement
3 Authority
4 Application
5 Definitions
6 Conditions of a catastrophic injury
7 Catastrophic spinal cord injury
8 Catastrophic brain injury
9 Catastrophic amputation injury
10 Catastrophic burn injury
11 Catastrophic blindness injury
Schedule 1—FIMTM score sheet
1 Name
This instrument is the Seafarers Rehabilitation and Compensation (Catastrophic Injury) Rules 2018.
2 Commencement
This instrument commences the day after it is registered on the Federal Register of Legislation.
3 Authority
This instrument is made under section 144 of the Act.
4 Application
This instrument applies to an injury suffered by an employee whether the injury was suffered before, on, or after the commencement of this instrument.
5 Definitions
In this instrument:
Act means the Seafarers Rehabilitation and Compensation Act 1992.
injury means an injury for which compensation is payable under the Act.
6 Conditions 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:
(a) the injury is a catastrophic spinal cord injury; or
(b) the injury is a catastrophic brain injury; or
(c) the injury is a catastrophic amputation injury; or
(d) the injury is a catastrophic burn injury; or
(e) the injury is a catastrophic blindness injury.
7 Catastrophic 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:
(a) sensory deficit; or
(b) motor deficit; or
(c) bladder dysfunction; or
(d) bowel dysfunction.
8 Catastrophic brain injury
An injury is a catastrophic brain injury if it is a brain injury which results in:
(a) impairment of cognitive, physical or psychosocial functions; and
(b) impairment assessed at a score of 5 or less on any of the items on the FIMTM score sheet at Schedule 1; and
(c) one or both of the following:
(i) a period of post traumatic amnesia of at least 7 days; or
(ii) a significant brain imaging abnormality.
Note: The FIMTM (Functional Independence Measure) is a basic indicator of severity of functional limitation.
9 Catastrophic amputation injury
Single injury
(1) An injury is a catastrophic amputation injury if:
(a) the injury results in at least one of the following:
(i) a forequarter amputation; or
(ii) a shoulder disarticulation; or
(iii) if the injury is a brachial plexus avulsion injury—no residual functioning in the upper extremity; or
(iv) a hindquarter amputation; or
(v) a hip disarticulation; or
(vi) if the injury is a lumbar plexus avulsion injury—no residual functioning in the lower extremity; or
(vii) an amputation involving the loss of 65% or more of the length of the femur; or
(b) the injury results in at least two of the following:
(i) loss of 50% or more of the length of the tibia of the left leg; or
(ii) loss of 50% or more of the length of the tibia of the right leg; or
(iii) loss of the thumb of the left hand at or above the first metacarpophalangeal joint; or
(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:
(a) the injury results in any one of the losses specified in paragraph (1)(b); and
(b) prior to the employee suffering the injury, the employee suffered an injury to a different limb or limbs (the earlier injury); and
(c) the earlier injury:
(i) satisfies the conditions for a catastrophic amputation injury in subsection (1); or
(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).
10 Catastrophic burn injury
An injury is a catastrophic burn injury if 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:
(a) full thickness burns:
(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
(ii) for an employee aged under 16 years at the time of the injury— greater than 30% of the total body surface area; or
(iii) to the hands, face or genital area; or
(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.
11 Catastrophic blindness injury
An injury is a catastrophic blindness injury if it results in one or more of the following:
(a) visual acuity after correction by suitable lenses of less than 6/60 in both eyes; or
(b) constriction to within 10 degrees of fixation in the better eye irrespective of corrected visual acuity; or
(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: o Brain injury o Burn Date of injury:
Hospital / unit: Date of assessment:
Method of administration: o Direct observation o Interview with:
Item Score Is score due to the injury? Reasons for score
SELF CARE
Eating o Yes o No
Grooming o Yes o No
Bathing o Yes o No
Dressing – upper body o Yes o No
Dressing – lower body o Yes o No
SPHINCTER CONTROL
Toileting o Yes o No
Bladder management o Yes o No
Bowel management o Yes o No
Self-care subtotal
TRANSFERS
Bed / Chair / Wheelchair o Yes o No Mode: W – WalkC – WheelchairB – Both
Toilet o Yes o No
Bath / Shower o Yes o No
LOCOMOTION
Walk / Wheelchair o Yes o No Mode: W – WalkC – WheelchairB – Both
Stairs o Yes o No
Mobility subtotal
COMMUNICATION
Comprehension o Yes o No Mode: A – AuditoryV – VisualC – Both
Expression o Yes o No Mode: A – AuditoryV – VisualC – Both
SOCIAL COGNITION
Social interaction o Yes o No
Problem solving o Yes o No
Memory o Yes o No
Cognition subtotal
FIM™ TOTAL SCORE
Administered by: FIM™ credentialed: o Yes o No
Qualification:
Date of assessment:
FIM™ LEVELS No helper7 Complete independence (Timely, Safely)6 Modified independence (Device) Helper – Modified Dependence5 Supervision (Subject = 100%)4 Minimal assistance (Subject = 75% or more)3 Moderate assistance (Subject = 50% or more) Helper – Complete Dependence2 Maximal assistance (Subject = 25% or more)1 Total assistance (Subject less than 25%)
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.