Veterans' Entitlements (Statements of Principles—Category 1B Stressor) Amendment Determination 2018 (No. 87 of 2018) (Cth)

Case

Veterans' Entitlements (Statements of Principles—Category 1B Stressor) Amendment Determination 2018

(No. 87 of 2018)

The Repatriation Medical Authority makes the following determination.

Dated      24 August 2018

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

4Schedule...................................................................................................................................... 3

Schedule 1 — Amendments....................................................................................... 4

Part 1—Amendments of clause 9 of certain Statements of Principles........................................ 4

Part 2—Amendments of clause 1 of Schedule 1 to certain Statements of Principles............... 6

Part 3—Amendments of clause 1 of Schedule 1 to certain Statements of Principles............... 8

  1. Name

This instrument is the Veterans' Entitlements (Statements of Principles—Category 1B Stressor) Amendment Determination 2018 (No. 87 of 2018).

  1. Commencement

This instrument commences on 24 September 2018.

  1. Authority

This instrument is made under section 196B of the Veterans' Entitlements Act 1986.

  1. Schedule

Each instrument that is specified in Parts 1, 2 or 3 of the Schedule to this instrument is amended or repealed as set out in the applicable items in the Part concerned, and any other item in Parts 1, 2 or 3 of the Schedule to this instrument has effect according to its terms.

Schedule 1 — Amendments 

Part 1—Amendments of clause 9 of certain Statements of Principles

  1. Amendments of definitions

In clause 9 of the Statements of Principles to be amended as listed in paragraph 2 of this Part:

(a) Omit the definition of "a category 1B stressor" and substitute the following:

"a category 1B stressor" means one of the following severe traumatic events:

(a)     killing or maiming a person;

(b)     being an eyewitness to a person being killed or critically injured;

(c)     being an eyewitness to atrocities inflicted on another person;

(d)     participating in the clearance of a corpse or a critically injured casualty; or

(e)     viewing a corpse or a critically injured casualty as an eyewitness;

(b) Omit the definition of "an eyewitness" and substitute the following:

"an eyewitness" means a person who experiences an incident first-hand and can give direct evidence of it.  This excludes persons exposed only to public broadcasting or mass media coverage of the incident;

(c) Insert the following definition of "a corpse" in alphabetical order:

"a corpse" means the human remains or body parts of one or more persons who have met a violent or horrific death; 

Note:  Examples of a violent or horrific death may include death due to suicide, gunshot, improvised explosive devices, natural and technological disasters, terrorist attacks or motor vehicle accidents.  Seeing a closed body bag or viewing a body in an open-casket coffin is excluded from this definition.

  1. Statements of Principles to be amended:

Name of Statement of Principles Federal Register of Legislation No.
Statement of Principles concerning acute stress disorder No. 41 of 2014 F2014L00469
Statement of Principles concerning acute stress disorder No. 42 of 2014 F2014L00470
Statement of Principles concerning anxiety disorder No. 102 of 2014, as amended F2016C00973
Statement of Principles concerning anxiety disorder No. 103 of 2014, as amended F2016C00974
Statement of Principles concerning cerebrovascular accident No. 65 of 2015, as amended F2017C00874
Statement of Principles concerning chronic multisymptom illness No. 55 of 2014 F2014L00524
Statement of Principles concerning gastric ulcer and duodenal ulcer No. 61 of 2015, as amended F2017C00762
Statement of Principles concerning gingivitis No. 45 of 2013 F2013L01121
Statement of Principles concerning gingivitis No. 46 of 2013 F2013L01124
Statement of Principles concerning inflammatory bowel disease No. 19 of 2012 F2012L00449
Statement of Principles concerning multiple sclerosis No. 100 of 2011, as amended F2017C00837
Statement of Principles concerning multiple sclerosis No. 101 of 2011 F2011L01738
Statement of Principles concerning posttraumatic stress disorder No. 82 of 2014 F2014L01144
Statement of Principles concerning posttraumatic stress disorder No. 83 of 2014 F2014L01145
Statement of Principles concerning psoriasis No. 31 of 2012 F2012L00938

Part 2—Amendments of clause 1 of Schedule 1 to certain Statements of Principles

  1. Amendments of definitions

In clause 1 of Schedule 1 to the Statements of Principles to be amended as listed in paragraph 2 of this Part:

(a) Omit the definition of category 1B stressor and substitute the following:

category 1B stressor means one of the following severe traumatic events:

(a)     killing or maiming a person;

(b)     being an eyewitness to a person being killed or critically injured;

(c)     being an eyewitness to atrocities inflicted on another person;

(d)     participating in the clearance of a corpse or a critically injured casualty; or

(e)     viewing a corpse or a critically injured casualty as an eyewitness.

Note: eyewitness and corpse are also defined in the Schedule 1 - Dictionary.

(b) Omit the definition of eyewitness and substitute the following:

eyewitness means a person who experiences an incident first-hand and can give direct evidence of it.  This excludes persons exposed only to public broadcasting or mass media coverage of the incident.

(c) Insert the following definition of corpse in alphabetical order:

corpse means the human remains or body parts of one or more persons who have met a violent or horrific death. 

Note:  Examples of a violent or horrific death may include death due to suicide, gunshot, improvised explosive devices, natural and technological disasters, terrorist attacks or motor vehicle accidents.  Seeing a closed body bag or viewing a body in an open-casket coffin is excluded from this definition.

  1. Statements of Principles to be amended:

Name of Statement of Principles Federal Register of Legislation No.
Statement of Principles concerning adjustment disorder (Reasonable Hypothesis) (No. 23 of 2016) F2016L00269
Statement of Principles concerning adjustment disorder (Balance of Probabilities) (No. 24 of 2016) F2016L00270
Statement of Principles concerning cardiomyopathy (No. 85 of 2015), as amended F2017C00845
Statement of Principles concerning cardiomyopathy (No. 86 of 2015), as amended F2017C00844
Statement of Principles concerning depressive disorder (No. 83 of 2015), as amended F2016C00271
Statement of Principles concerning depressive disorder (No. 84 of 2015), as amended F2016C00273
Statement of Principles concerning eating disorder (Reasonable Hypothesis) (No. 13 of 2016) F2016L00261
Statement of Principles concerning eating disorder (Balance of Probabilities) (No. 14 of 2016) F2016L00264
Statement of Principles concerning female sexual dysfunction (Reasonable Hypothesis) (No. 95 of 2016) F2016L01677
Statement of Principles concerning female sexual dysfunction (Balance of Probabilities) (No. 96 of 2016) F2016L01684
Statement of Principles concerning ischaemic heart disease (Reasonable Hypothesis) (No. 1 of 2016), as amended F2017C00851
Statement of Principles concerning ischaemic heart disease (Balance of Probabilities) (No. 2 of 2016), as amended F2017C00852
Statement of Principles concerning schizophrenia (Reasonable Hypothesis) (No. 83 of 2016) F2016L01682
Statement of Principles concerning schizophrenia (Balance of Probabilities) (No. 84 of 2016) F2016L01685
Statement of Principles concerning suicide and attempted suicide (Reasonable Hypothesis) (No. 65 of 2016), as amended F2018C00189
Statement of Principles concerning suicide and attempted suicide (Balance of Probabilities) (No. 66 of 2016), as amended F2018C00152

Part 3—Amendments of clause 1 of Schedule 1 to certain Statements of Principles

  1. Amendments of definitions

In clause 1 of Schedule 1 to the Statements of Principles to be amended as listed in paragraph 2 of this Part:

(a) Omit the definition of category 1B stressor and substitute the following:

category 1B stressor means one of the following severe traumatic events:

(a)     killing or maiming a person;

(b)     being an eyewitness to a person being killed or critically injured;

(c)     being an eyewitness to atrocities inflicted on another person;

(d)     participating in the clearance of a corpse or a critically injured casualty; or

(e)     viewing a corpse or a critically injured casualty as an eyewitness.

Note: eyewitness and corpse are also defined in the Schedule 1 - Dictionary.

(b) Insert the following definition of corpse in alphabetical order:

corpse means the human remains or body parts of one or more persons who have met a violent or horrific death. 

Note:  Examples of a violent or horrific death may include death due to suicide, gunshot, improvised explosive devices, natural and technological disasters, terrorist attacks or motor vehicle accidents.  Seeing a closed body bag or viewing a body in an open-casket coffin is excluded from this definition.

  1. Statements of Principles to be amended:

Name of Statement of Principles Federal Register of Legislation No.
Statement of Principles concerning alcohol use disorder (Reasonable Hypothesis) (No. 48 of 2017) F2017L01045
Statement of Principles concerning alcohol use disorder (Balance of Probabilities) (No. 49 of 2017) F2017L01046
Statement of Principles concerning personality disorder (Reasonable Hypothesis) (No. 17 of 2018) F2018L00205
Statement of Principles concerning personality disorder (Balance of Probabilities) (No. 18 of 2018) F2018L00208
Statement of Principles concerning substance use disorder (Reasonable Hypothesis) (No. 59 of 2017) F2017L01444
Statement of Principles concerning substance use disorder (Balance of Probabilities) (No. 60 of 2017) F2017L01445
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