Amendment Statement of Principles concerning depressive disorder (Balance of Probabilities) (No. 30 of 2016) (Cth)

Case

Amendment Statement of Principles

concerning

DEPRESSIVE DISORDER
(Balance of Probabilities)

(No. 30 of 2016)

The Repatriation Medical Authority determines the following Amendment Statement of Principles under subsections 196B(3) and (8) of the Veterans’ Entitlements Act 1986.

Dated      4 March        2016

The Common Seal of the
Repatriation Medical Authority
was affixed to this instrument
at the direction of:

Professor Nicholas Saunders AO
Chairperson

Contents

1Name........................................................................................................................................... 3

2Commencement........................................................................................................................ 3

3Authority..................................................................................................................................... 3

4Application................................................................................................................................. 3

5Amendment............................................................................................................................... 3

  1. Name

    This is the Amendment Statement of Principles concerning depressive disorder (Balance of Probabilities) (No. 30 of 2016).

  2. Commencement

    This instrument commences on 4 April 2016.

  3. Authority

    This instrument is made under subsections 196B(3) and (8) of the Veterans’ Entitlements Act 1986.

  4. Application

    This instrument applies to a claim to which section 120B of the Veterans’ Entitlements Act 1986 or section 339 of the Military Rehabilitation and Compensation Act 2004 applies.

  5. Amendment

    The Statement of Principles concerning depressive disorder and death from depressive disorder No. 84 of 2015 is amended in the following manner:

Section Amendment
9(1)(j)

Replace the existing factor in subsection 9(1)(j) with the following:

having a severe, chronic medical condition for the five years before the clinical onset of depressive disorder;

Note: severe, chronic medical condition is defined in the Schedule 1 - Dictionary.

9(14)

Replace the existing factor in subsection 9(14) with the following:

having a severe, chronic medical condition for the five years before the clinical worsening of depressive disorder;

Note: severe, chronic medical condition is defined in the Schedule 1 - Dictionary.

Schedule 1 – Dictionary Delete the definition of "chronic medical condition".
Schedule 1 – Dictionary

Insert the following definition of "severe, chronic medical condition" in alphabetical order:

severe, chronic medical condition means an illness which substantially impacts on social, occupational or other important areas of functioning; and requires on-going daily or almost daily management of symptoms. This management may include, but is not limited to, assistance with activities of daily living; bed rest; dietary modification; drug therapy; nursing care; oxygen therapy or physiotherapy. This management must be supervised by a registered health practitioner.

Severe, chronic medical conditions do not usually resolve spontaneously, are rarely cured completely and may progress to life threatening illnesses. Examples of these conditions include poorly controlled asthma, chronic obstructive pulmonary disease, poorly controlled diabetes mellitus, inflammatory bowel disease, pemphigus, psoriasis and rheumatoid arthritis.

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