REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 43 OF 2009
VETERANS’ ENTITLEMENTS ACT 1986
MILITARY REHABILITATION AND COMPENSATION ACT 2004
EXPLANATORY NOTES FOR TABLING
- The Repatriation Medical Authority (the Authority) has determined, under subsection 196B(2) & (8) of the Veterans’ Entitlements Act 1986 (the VEA) Statement of Principles Instrument No. 43 of 2009.
2. This instrument amends Instrument No. 89 of 2007 Statement of Principles concerning ischaemic heart disease (‘the Instrument’) by:
- expanding existing factors "(v)(iv)" and "(rr)(iv)" concerning 'panic disorder' in clause 6 to include 'a clinically significant anxiety spectrum disorder';
- deleting existing factors "(v)(v)" and "(rr)(v)" concerning "phobic anxiety" from clause 6;
- inserting a new definition for "a clinically significant anxiety spectrum disorder as specified" in clause 9; and
- revising the existing definition of "phobic anxiety" in clause 9.
3. The Instrument also specifies a date of effect for the amendment in accordance with sub-section 12(1)(a) of the Legislative Instruments Act 2003.
4. This new instrument incorporates by reference the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision (DSM-IV-TR), American Psychiatric Association, Washington DC 2000. A copy of this document is available from the offices of the Repatriation Medical Authority, Level 8, Bank of Queensland Building, 259 Queen St, Brisbane Queensland 4000, by contacting the Registrar on telephone (07) 3815 9404.
5. Prior to determining this instrument, the Authority advertised its intention to undertake an investigation in relation to ischaemic heart disease in the Government Notices Gazette of 27 August 2008, and circulated a copy of the notice of intention to investigate to a wide range of organisations representing veterans, service personnel and their dependants. The Authority invited submissions from the Repatriation Commission, organisations and persons referred to in section 196E of the VEA, and any person having expertise in the field. Two submissions were received for consideration by the Authority during the investigation.
6. The determining of this new instrument finalises the investigation in relation to ischaemic heart disease as advertised in the Government Notices Gazette of 27 August 2008.
7. A list of references relating to the above condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA. Any such request must be made in writing to the Repatriation Medical Authority at the following address:
The Registrar
Repatriation Medical Authority Secretariat
GPO Box 1014
BRISBANE QLD 4001
Overview
The Repatriation Medical Authority Instrument No. 43 of 2009 amends the Statement of Principles concerning ischaemic heart disease by expanding existing factors concerning 'panic disorder' to include 'a clinically significant anxiety spectrum disorder', deleting factors concerning "phobic anxiety", and revising definitions for these conditions. This legislative instrument was introduced to address the need for updated medical criteria in evaluating veterans' claims related to ischaemic heart disease. Enacted by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986, the policy objective of this instrument is to ensure that the assessment of veterans' health conditions aligns with contemporary medical understanding, thereby providing more accurate and fair outcomes for affected individuals. The amendments incorporate the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision, reflecting current psychiatric diagnostic standards.
Scope and Application
The Repatriation Medical Authority Instrument No. 43 of 2009 amends the Veterans' Entitlements Act 1986 by modifying the Statement of Principles concerning ischaemic heart disease. This instrument applies to veterans who are seeking entitlements or compensation related to ischaemic heart disease under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The changes include expanding the definition of certain factors related to anxiety spectrum disorders and removing the definition of phobic anxiety, incorporating the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision (DSM-IV-TR). The amendments aim to provide a more comprehensive framework for assessing the impact of mental health conditions on ischaemic heart disease claims. The instrument has a national reach as it pertains to veterans across Australia and is effective as per the specified date in accordance with the Legislative Instruments Act 2003. There are no stated exclusions or exemptions in this instrument, and its application may be further refined through subordinate instruments or subsequent legislative amendments.
Key Provisions
The primary operative sections of this instrument (sections 2-6) modify the existing Statement of Principles concerning ischaemic heart disease by expanding the definition of certain anxiety-related disorders and removing others. Specifically, section 2 of the instrument expands existing factors "(v)(iv)" and "(rr)(iv)" concerning 'panic disorder' in clause 6 to include 'a clinically significant anxiety spectrum disorder'. It also removes existing factors "(v)(v)" and "(rr)(v)" concerning 'phobic anxiety' from the same clause. Furthermore, section 2 inserts a new definition for "a clinically significant anxiety spectrum disorder as specified" in clause 9, and revises the existing definition of "phobic anxiety" in the same clause. Section 3 of the instrument specifies the effective date of these amendments, in accordance with subsection 12(1)(a) of the Legislative Instruments Act 2003. The new instrument incorporates by reference the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision (DSM-IV-TR), American Psychiatric Association, Washington DC 2000.
The obligations and requirements imposed by this instrument on the parties or entities it governs include the necessity to adhere to the updated definitions and factors concerning ischaemic heart disease and related anxiety disorders. This means that any medical assessments, determinations, or claims related to these conditions must now be made in accordance with the revised criteria specified in the instrument. The instrument also requires the Repatriation Medical Authority to make available the referenced DSM-IV-TR manual to any person or organisation referred to in subsection 196E(1)(a) to (c) of the Veterans’ Entitlements Act 1986, upon written request. This ensures transparency and accessibility of the diagnostic criteria used in the assessment of veterans' entitlements.
Breach of the provisions in this instrument can lead to civil or criminal consequences, depending on the nature and severity of the non-compliance. While the specific penalties are not detailed within the explanatory notes, under the broader legislative frameworks of the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, penalties for non-compliance could include fines or other sanctions. In cases of significant non-compliance or fraudulent claims, criminal charges may also be pursued, which could result in more severe penalties including imprisonment. The exact penalties would be determined based on the relevant sections of the broader Acts and the circumstances of the breach.