(1) The criteria for a
traumatic brain injury suffered by a person who has reached 8 years of
age at the time of medical assessment are —
(a)
either or both of the following —
(i)
a recorded post‑traumatic amnesia of 7 days or
more measured using the Westmead Post‑Traumatic Amnesia Scale or a
similar clinically accepted, validated scale for post‑traumatic amnesia;
(ii)
a significant brain imaging abnormality or evidence of a
very significant impact to the head causing coma for longer than one hour;
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
traumatic brain 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) one
or more of the following —
(i)
a Glasgow Coma Scale score of less than 9 (assessed after
resuscitation or on admission to the emergency department of a hospital);
(ii)
a recorded post‑traumatic amnesia of 7 days or
more measured using the Westmead Post‑Traumatic Amnesia Scale or a
similar clinically accepted, validated scale for post‑traumatic amnesia;
(iii)
a significant brain imaging abnormality or evidence of a
very significant impact to the head causing coma for longer than one hour;
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
traumatic brain injury suffered by a person who is under 3 years of age
at the time of medical assessment are —
(a) 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
(b) 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.
[Regulation 8 amended: SL 2024/133
r. 6.]