Document ID: chunk:federal_register_of_legislation:C2004A00406:clause:2_38d
Version: federal_register_of_legislation:C2004A00406
Segment Type: clause
Provision Reference: sch 2 cl 38D
Character Range: 71462–72857

38D  Child Disability Assessment Tool

 (1) The Secretary may, by determination in writing:
 (a) devise a test for assessing the functional ability, behaviour and special care needs of a person aged under 16; and
 (b) provide a method for rating the person by giving him or her, on the basis of the results of the test, a score in accordance with a scale of the kind described in subsection (2).

 (2) The scale referred to in subsection (1) is a scale that provides for a range of negative and positive scores and under which:
 (a) a negative score indicates an absence of a physical, intellectual or psychiatric disability at a significant level; and
 (b) a positive score indicates the presence of a physical, intellectual or psychiatric disability at a significant level.

 (3) The determination may, in addition, declare that a physical, intellectual or psychiatric disability specified in the determination is a recognised disability for the purposes of section 953.

 (4) The determination, in so far as it provides (in accordance with subsections (1) and (2)) for a test for assessing, and a method for rating, the functional ability, behaviour and special care needs of a person aged under 16 is, in this Act, referred to as the Child Disability Assessment Tool.

 (5) The determination is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.