Document ID: chunk:federal_register_of_legislation:C2006A00082:clause:6_2
Version: federal_register_of_legislation:C2006A00082
Segment Type: clause
Provision Reference: sch 6 cl 2
Character Range: 32564–34065

2  After subsection 197(2)
Insert:

 (2AA) A child is a profoundly disabled child if:
 (a) the child has either:
 (i) a severe intellectual, psychiatric or behavioural disability; or
 (ii) a severe intellectual, psychiatric or behavioural medical condition; and
 (b) the child, because of the disability or condition, needs continuous personal care for:
 (i) 6 months or more; or
 (ii) if the child's condition is terminal and the child's life expectancy is less than 6 months—the remainder of the child's life; and
 (c) the child is at least 6, and under 16, years of age; and
 (d) because of the child's disability or condition, the child does one or more of the following:
 (i) repeatedly engages in dangerous behaviour that is, or that gives rise to, a significant risk (whether immediate or long‑term) to the child's health or safety and that, without carer intervention, would result in the child suffering sustained tissue or bodily damage, or death;
 (ii) repeatedly engages in aggressive or violent behaviour that is, or that gives rise to, a significant risk to the health or safety of others, or that results in significant property damage, as a result of which the child is regularly or permanently excluded from community programs, activities, services or facilities;
 (iii) repeatedly engages in severe sexually deviant or sexually inappropriate behaviour, as a result of which the child is regularly or permanently excluded from community programs, activities, services or facilities.