Commonwealth Numbered Acts

FAMILIES, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS AND OTHER LEGISLATION (2006 BUDGET AND OTHER MEASURES) ACT 2006 (NO. 82, 2006) - SCHEDULE 6

Social Security Act 1991

1  Subsection 197(1) (definition of profoundly disabled child )

After “(2)”, insert “, (2AA)”.

2  After subsection 197(2)

Insert:

       (2AA)  A child is a profoundly disabled child if:

                     (a)  the child has either:

                              (i)  a severe intellectual, psychiatric or behavioural disability; or

                             (ii)  a severe intellectual, psychiatric or behavioural medical condition; and

                     (b)  the child, because of the 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 is at least 6, and under 16, years of age; and

                     (d)  because of the child’s disability or condition, the child does one or more of the following:

                              (i)  repeatedly engages in dangerous behaviour that is, or that gives rise to, a significant risk (whether immediate or long‑term) to the child’s health or safety and that, without carer intervention, would result in the child suffering sustained tissue or bodily damage, or death;

                             (ii)  repeatedly engages in aggressive or violent behaviour that is, or that gives rise to, a significant risk to the health or safety of others, or that results in significant property damage, as a result of which the child is regularly or permanently excluded from community programs, activities, services or facilities;

                            (iii)  repeatedly engages in severe sexually deviant or sexually inappropriate behaviour, as a result of which the child is regularly or permanently excluded from community programs, activities, services or facilities.

3  Subsection 198(8)

After “profoundly disabled child”, insert “within the meaning of subsection 197(2) or (2A)”.

4  At the end of section 198

Insert:

Carers of certain profoundly disabled children

           (10)  If the care receiver is a profoundly disabled child within the meaning of subsection 197(2AA):

                     (a)  the person must provide continuous personal care for the child within the meaning of paragraph (b) of that subsection; and

                     (b)  the provision of that care by the person must severely restrict the person’s capacity to undertake paid employment.