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: 93227–96455

30      There is extreme functional impact on communication in the person's main language.

            (1) Either:

                 (a) the person:

                      (i) has extreme difficulty understanding even simple day‑to-day language in familiar environments; or

                      (ii) may understand only a few single words or simple phrases that are used on a regular basis such as 'drink', 'toilet', 'bed-time', 'go in the car'; or

                      (iii) needs additional gestures, pictures, symbols or physical demonstration in order to understand what is said; or

                 (b) at least one of the following applies:

                      (i) the person has extreme difficulty in producing any clear speech or is unable to speak at all; or

                      (ii) the person's speech is difficult to understand even for family members and others who have regular contact with the person; or

                      (iii) the person uses a limited vocabulary of words in speech; or

                      Example: fewer than 20 words.

                      (iv) the person is only able to indicate yes or no, pleasure or displeasure through facial expressions, head movements or hand or body gestures; or

            (2) The person uses alternative or augmentative communication such as sign language, technology that produces electronic speech, use of symbols to communicate, use of a note taker to communicate; and

                 (a) the person uses a limited number of symbols such as Compics or pictures or photos to communicate basic needs and feelings; or

                 (b) the person needs to use an electronic communication device to communicate with others but has difficulty using this and is very slow in preparing communications; or

                 (c) the person is unable to speak or use an electronic communication device and uses a note taker to communicate with others.

Table 9 – Intellectual Function

Introduction to Table 9

       * Table 9 is to be used to assess the functional impact of a diagnosed condition resulting in low intellectual function (a meaningful intelligence quotient (IQ) score of 70 to 85), which originated before the person turned 18 years of age.

       * An assessment of the condition causing the impairment must be made by an appropriately qualified psychologist.

       * An assessment of intellectual functioning and adaptive behaviour is to be undertaken in the form of an individually administered and psychometrically valid, comprehensive, culturally appropriate and psychometrically sound standardised assessment that:

         * provides robust standardised scores and a percentile ranking;

         * demonstrates test validity and reliability based on current norms developed on a representative sample of the general population.

       * Consideration of the adaptation of recognised assessments of intellectual function for use with Aboriginal and Torres Strait Islander peoples is required.

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

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

         * a report