Document ID: chunk:federal_register_of_legislation:C2004A00406:clause:1_197
Version: federal_register_of_legislation:C2004A00406
Segment Type: clause
Provision Reference: sch 1 cl 197
Character Range: 5465–7863

197  Definitions

 (1) In this Part, unless the contrary intention appears:

Adult Disability Assessment Tool has the meaning given by subsection 38C(3).

care includes attention and supervision.

care receiver has the meaning given by subsection 198(2).

disabled adult means a person aged 16 or more who:
 (a) has a physical, intellectual or psychiatric disability; and
 (b) is likely to suffer from that disability permanently or for an extended period.

guardian, in relation to a profoundly disabled child or a disabled child, means a person who has been granted guardianship of the child under a law of the Commonwealth, a State or a Territory.

higher ADAT score adult means a disabled adult who is a care receiver because paragraph 198(2)(a) applies.

lower ADAT score adult means a disabled adult who is a care receiver because paragraph 198(2)(d) applies.

profoundly disabled child has the meaning given by subsection (2).

 (2) A child is a profoundly disabled child if:
 (a) the child has either:
 (i) a severe multiple disability; or
 (ii) a severe medical condition; and
 (b) the child, because of that 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's disability or condition includes 3 or more of the following circumstances:
 (i) the child receives all food and fluids by nasogastric or percutaneous enterogastric tube;
 (ii) the child has a tracheostomy;
 (iii) the child must use a ventilator for at least 8 hours each day;
 (iv) the child:
 (A) has faecal incontinence day and night; and
 (B) if under 3 years of age, is expected to have faecal incontinence day and night at the age of 3;
 (v) the child:
 (A) cannot stand without support; and
 (B) if under 2 years of age, is expected to be unable to stand without support at the age of 2;
 (vi) a medical practitioner has certified that the child has a terminal condition for which palliative care has replaced active treatment;
 (vii) the child:
 (A) requires personal care on 2 or more occasions between 10 pm and 6 am each day; and
 (B) if under 6 months of age, is expected to require care as described in sub‑subparagraph (A) at the age of 6 months.

 (3) A reference in this Part to a parent includes a reference to a guardian.