Document ID: chunk:federal_register_of_legislation:F2023L00188:clause:1_30:p1
Version: federal_register_of_legislation:F2023L00188
Segment Type: clause
Provision Reference: sch 1 cl 30 (pt 1/2)
Character Range: 67266–70614

30      There is an extreme functional impact from alcohol, drug or other harmful substance use.

               (1)                As a result of a person's substance use disorder they experience at least 3 of the following:

                 (a)                extreme difficulties in maintaining personal care, hygiene, nutrition and general health;

                 Example: the person has extreme difficulties undertaking any self-care activities as a result of their substance use.

                 (b)                extreme physical or cognitive impairment resulting from chronic and ongoing use of a substance;

                 Example: the person has sustained irreparable damage to their physical health, such as failure of the liver or other organs, or brain injury with severely impaired cognitive function as a result of their substance use.

                 (c)                extreme difficulties with most aspects of relationships, social interaction and community involvement;

                 Example: the person is socially isolated, unless they are interacting with people related to their substance use.

                 (d)                extreme difficulties in withdrawing from or avoiding harmful use of a substance and unable to attend work or activities.

                 Example: the person is unable to withdraw from a substance due to their dependence on the substance.

Table 7 – Brain Function

Introduction to Table 7

       * Table 7 is to be used to assess the functional impact of a diagnosed condition related to neurological or cognitive function.

       * The diagnosis of the condition causing the impairment must be made by an appropriately qualified medical practitioner.

       * There must be corroborating evidence of the person's impairment.

       * Self-report of symptoms must be supported by corroborating medical evidence.

       * Examples of corroborating evidence for the purposes of this Table include, but are not limited to, the following:

         * a report from the person's treating doctor;

         * a report from a specialist health practitioner supporting the diagnosis of conditions associated with neurological or cognitive impairment such as an acquired brain injury, stroke (cerebrovascular accident (CVA)), conditions resulting in dementia, tumour in the brain, some neurodegenerative disorders, chronic pain, myalgic encephalomyelitis/chronic fatigue syndrome (ME/CFS), attention deficit hyperactivity disorder (ADHD) or autism spectrum disorder (ASD);

         * results of diagnostic tests (such as Magnetic Resonance Imagery (MRI), Computerised (Axial) Tomography (CT) scans, Electroencephalography (EEG));

         * results of cognitive function assessments;

         * interviews with the person and those providing care or support to the person.

       * The person may not have sufficient self-awareness of their cognitive function or may not be able to accurately describe its effects. This is to be kept in mind when discussing issues with the person and reading supporting evidence.

       * The signs and symptoms of neurological or cognitive impairment may vary over time. The person's presentation on the day of the assessment cannot solely be relied upon.

       * A person with autism spectrum disorder (ASD) or fetal alcohol spectrum