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: 38867–41812

30      There is an extreme functional impact on activities using lower limbs.

            (1) The person is unable to mobilise independently.

Table 4 – Spinal Function

Introduction to Table 4

       * Table 4 is to be used to assess the functional impact of a diagnosed condition when performing activities involving spinal function, that is, bending or turning the back, trunk or neck.

       * 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 purpose of this Table include, but are not limited to, the following:

         * a report from the person's treating doctor;

         * a report from a medical specialist confirming diagnosis of conditions commonly associated with spinal function impairment (such as spinal cord injury, spinal stenosis, cervical spondylosis, lumbar radiculopathy, herniated or ruptured disc, spinal cord tumours, arthritis or osteoporosis involving the spine, or chronic pain affecting the spine);

         * a report from an allied health practitioner (such as a physiotherapist, or occupational therapist), confirming loss of range of movement in the spine or other effects of spinal disease or injury.

       * Restrictions on overhead tasks resulting from shoulder conditions should be rated under Table 2.

       * Restrictions resulting from hip conditions should be rated under Table 3.

       * Restrictions on lower limbs resulting from lumbar spine conditions, such as nerve pain and lower limb weakness, should be rated under Table 3.

       * Upper or lower limb impairment resulting from a spinal condition such as nerve root compromise can be additionally assessed under Table 2 or Table 3 if the Table 4 rating does not fully account for the overall level of impairment.

       * Where a person has nerve damage in an upper or lower limb or an impingement in the neck affecting the upper limbs, an additional rating on Table 2 or 3 can be considered.

       * When determining whether a descriptor applies that involves a person performing an activity, the descriptor applies if that person can do the activity when they would be expected to do so and not only once or rarely.

       * When assessing episodic or fluctuating impairments and conditions such as chronic pain, a rating must be assigned which reflects the overall functional impact of those impairments, taking into account the severity, duration and frequency of the episodes or fluctuations as appropriate.

       * The examples used in descriptors are not an exhaustive list and are to be used only as a guide.

       * Assistance means assistance from another person rather than any aids or equipment the person may use, unless