(1) The criteria for a
burns injury suffered by a person who has reached 8 years of age at the
time of medical assessment are —
(a) the
criteria set out in subregulation (4); and
(b) a
score of 5 or less on any item on the FIM TM or WeeFIM ® due to the
injury; and
(c) the
injury occurs —
(i)
if the injury is a motor vehicle injury — on
or after 1 July 2016; or
(ii)
if the injury is a workplace injury — on or
after 1 July 2024.
(2) The criteria for a
burns injury suffered by a person who has reached 3 years of age but is
under 8 years of age at the time of medical assessment are —
(a) the
criteria set out in subregulation (4); and
(b) a
score 2 less than the age norm on any item on the WeeFIM ® due to the
injury; and
(c) the
injury occurs —
(i)
if the injury is a motor vehicle injury — on
or after 1 July 2016; or
(ii)
if the injury is a workplace injury — on or
after 1 July 2024.
(3) The criteria for a
burns injury suffered by a person who is under 3 years of age at the time
of medical assessment are —
(a) the
criteria set out in subregulation (4); and
(b) a
medical certificate from a paediatric rehabilitation physician or specialist
that states the person will probably have permanent impairment due to the
injury resulting in a significant adverse impact on the person’s normal
development; and
(c) the
injury occurs —
(i)
if the injury is a motor vehicle injury — on
or after 1 July 2016; or
(ii)
if the injury is a workplace injury — on or
after 1 July 2024.
(4) For
subregulations (1)(a), (2)(a) and (3)(a), the criteria
are —
(a) full
thickness burns greater than 40% of total body surface area or, for a person
under 16 years of age, greater than 30% of total body surface area; or
(b)
inhalation burns causing long‑term respiratory impairment (as assessed
by a respiratory physician); or
(c) full
thickness burns to the hands, face or genital area.
[Regulation 10 amended: SL 2024/133
r. 8.]