Seafarers Rehabilitation and Compensation (Catastrophic Injury) Rules 2018 I, CRAIG LAUNDY, Minister for Small and Family Business, the Workplace and Deregulation, make the following rules. Dated 22/8/18 CRAIG LAUNDY Minister for Small and Family Business, the Workplace and Deregulation Contents 1 Name 2 Commencement 3 Authority 4 Application 5 Definitions 6 Conditions of a catastrophic injury 7 Catastrophic spinal cord injury 8 Catastrophic brain injury 9 Catastrophic amputation injury 10 Catastrophic burn injury 11 Catastrophic blindness injury Schedule 1—FIMTM score sheet 1 Name This instrument is the Seafarers Rehabilitation and Compensation (Catastrophic Injury) Rules 2018. 2 Commencement This instrument commences the day after it is registered on the Federal Register of Legislation. 3 Authority This instrument is made under section 144 of the Act. 4 Application This instrument applies to an injury suffered by an employee whether the injury was suffered before, on, or after the commencement of this instrument. 5 Definitions In this instrument: Act means the Seafarers Rehabilitation and Compensation Act 1992. injury means an injury for which compensation is payable under the Act. 6 Conditions of a catastrophic injury For the purposes of the definition of catastrophic injury in section 3 of the Act, an injury is a catastrophic injury if one or more of the following conditions are satisfied: (a) the injury is a catastrophic spinal cord injury; or (b) the injury is a catastrophic brain injury; or (c) the injury is a catastrophic amputation injury; or (d) the injury is a catastrophic burn injury; or (e) the injury is a catastrophic blindness injury. 7 Catastrophic spinal cord injury An injury is a catastrophic spinal cord injury if it is a lesion of the spinal cord or cauda equina which results in one or more of the following: (a) sensory deficit; or (b) motor deficit; or (c) bladder dysfunction; or (d) bowel dysfunction. 8 Catastrophic brain injury An injury is a catastrophic brain injury if it is a brain injury which results in: (a) impairment of cognitive, physical or psychosocial functions; and (b) impairment assessed at a score of 5 or less on any of the items on the FIMTM score sheet at Schedule 1; and (c) one or both of the following: (i) a period of post traumatic amnesia of at least 7 days; or (ii) a significant brain imaging abnormality. Note: The FIMTM (Functional Independence Measure) is a basic indicator of severity of functional limitation. 9 Catastrophic amputation injury Single injury (1) An injury is a catastrophic amputation injury if: (a) the injury results in at least one of the following: (i) a forequarter amputation; or (ii) a shoulder disarticulation; or (iii) if the injury is a brachial plexus avulsion injury—no residual functioning in the upper extremity; or (iv) a hindquarter amputation; or (v) a hip disarticulation; or (vi) if the injury is a lumbar plexus avulsion injury—no residual functioning in the lower extremity; or (vii) an amputation involving the loss of 65% or more of the length of the femur; or (b) the injury results in at least two of the following: (i) loss of 50% or more of the length of the tibia of the left leg; or (ii) loss of 50% or more of the length of the tibia of the right leg; or (iii) loss of the thumb of the left hand at or above the first metacarpophalangeal joint; or (iv) loss of the thumb of the right hand at or above the first metacarpophalangeal joint. Multiple injuries (2) An injury is a catastrophic amputation injury if: (a) the injury results in any one of the losses specified in paragraph (1)(b); and (b) prior to the employee suffering the injury, the employee suffered an injury to a different limb or limbs (the earlier injury); and (c) the earlier injury: (i) satisfies the conditions for a catastrophic amputation injury in subsection (1); or (ii) results in any one of the losses specified in paragraph (1)(b). (3) For the avoidance of doubt, the earlier injury mentioned in subparagraph (2)(c)(ii) is not a catastrophic amputation injury unless the earlier injury satisfies the conditions for a catastrophic amputation injury in subsection (1) or (2). 10 Catastrophic burn injury An injury is a catastrophic burn injury if it results in impairment assessed at a score of 5 or less on any of the items on the FIMTM score sheet at Schedule 1, and the injury is one or both of the following: (a) full thickness burns: (i) for an employee aged 16 years or above at the time of the injury—greater than 40% of the total body surface area; or (ii) for an employee aged under 16 years at the time of the injury— greater than 30% of the total body surface area; or (iii) to the hands, face or genital area; or (b) inhalation burns resulting in vital capacity or forced expiratory volume in one second which is less than 50% of that predicted for the employee's age, height and ethnicity. Note: The FIMTM (Functional Independence Measure) is a basic indicator of severity of functional limitation. 11 Catastrophic blindness injury An injury is a catastrophic blindness injury if it results in one or more of the following: (a) visual acuity after correction by suitable lenses of less than 6/60 in both eyes; or (b) constriction to within 10 degrees of fixation in the better eye irrespective of corrected visual acuity; or (c) a combination of visual defects resulting in the same degree of visual impairment as that specified in subsection (a) or (b). Note: An employee would have visual acuity of 6/60 if the employee is only able to see at a distance of 6 metres a symbol which a person with normal vision could see at a distance of 60 metres. Schedule 1—FIMTM score sheet Patient's name: Date of birth: Type of injury: o Brain injury o Burn Date of injury: Hospital / unit: Date of assessment: Method of administration: o Direct observation o Interview with: Item Score Is score due to the injury? Reasons for score SELF CARE 1. Eating o Yes o No 2. Grooming o Yes o No 3. Bathing o Yes o No 4. Dressing – upper body o Yes o No 5. Dressing – lower body o Yes o No SPHINCTER CONTROL 6. Toileting o Yes o No 7. Bladder management o Yes o No 8. Bowel management o Yes o No Self-care subtotal TRANSFERS Mode: W – Walk 9. Bed / Chair / Wheelchair o Yes o No C – Wheelchair B – Both 10. Toilet o Yes o No 11. Bath / Shower o Yes o No LOCOMOTION Mode: W – Walk 12. Walk / Wheelchair o Yes o No C – Wheelchair B – Both 13. Stairs o Yes o No Mobility subtotal COMMUNICATION Mode: A – Auditory 14. Comprehension o Yes o No V – Visual C – Both Mode: A – Auditory 15. Expression o Yes o No V – Visual C – Both SOCIAL COGNITION 16. Social interaction o Yes o No 17. Problem solving o Yes o No 18. Memory o Yes o No Cognition subtotal FIM™ TOTAL SCORE Administered by: FIM™ credentialed: o Yes o No Qualification: Date of assessment: FIM™ LEVELS No helper 7 Complete independence (Timely, Safely) 6 Modified independence (Device) Helper – Modified Dependence 5 Supervision (Subject = 100%) 4 Minimal assistance (Subject = 75% or more) 3 Moderate assistance (Subject = 50% or more) Helper – Complete Dependence 2 Maximal assistance (Subject = 25% or more) 1 Total assistance (Subject less than 25%) FIM is a trademark of Uniform Data System for Medical Rehabilitation, a division of UB Foundation Activities, Inc. AROC (the Australasian Rehabilitation Outcomes Centre) holds the territory licence for the FIM in Australia.