REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 44 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(3) & (8) of the Veterans’ Entitlements Act 1986 (the VEA) Statement of Principles Instrument No. 44 of 2009.
2. This instrument amends Instrument No. 90 of 2007 Statement of Principles concerning ischaemic heart disease (‘the Instrument’) by:
- inserting new factors "(p)(iv)" and "(ff)(iv)" concerning 'a clinically significant anxiety spectrum disorder' in clause 6;
- inserting new definitions for "a clinically significant anxiety spectrum disorder as specified", "DSM-IV-TR", "panic attack" and "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. 44 of 2009 was enacted to amend the Statement of Principles concerning ischaemic heart disease under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislative instrument addresses the need to include clinically significant anxiety spectrum disorders as a contributing factor in cases of ischaemic heart disease for the purposes of veterans’ entitlements. The instrument was developed following an investigation initiated by the Repatriation Medical Authority, which sought submissions from relevant stakeholders, including veterans' organisations and experts in the field. The objective of the amendment is to ensure that the assessment of ischaemic heart disease in veterans considers the impact of anxiety spectrum disorders, thereby providing more comprehensive support and recognition for those affected.
Scope and Application
The Veterans' Entitlements Act 1986, as amended by the Repatriation Medical Authority Instrument No. 44 of 2009, applies to veterans and their dependants who are seeking compensation or rehabilitation benefits under the Act. This instrument specifically pertains to ischaemic heart disease and includes new factors concerning a clinically significant anxiety spectrum disorder, referencing the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision (DSM-IV-TR). The changes are designed to clarify and expand the criteria for assessing claims related to ischaemic heart disease, ensuring that the impact of anxiety spectrum disorders on veterans' health is adequately considered. The amendments are applicable nationally, affecting all veterans in Australia who are under the jurisdiction of the Repatriation Medical Authority. There are no stated exclusions or thresholds in this instrument, and its application is comprehensive across all relevant cases. The Authority has the power to extend or restrict the application of this instrument through subordinate instruments as necessary.
Key Provisions
The main operative sections of this legislation pertain to amendments in the Statement of Principles concerning ischaemic heart disease, specifically under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This new instrument, Statement of Principles Instrument No. 44 of 2009, amends the existing Instrument No. 90 of 2007 by introducing new factors related to a clinically significant anxiety spectrum disorder in clause 6, as well as new definitions for "a clinically significant anxiety spectrum disorder as specified", "DSM-IV-TR", "panic attack" and "phobic anxiety" in clause 9. The amendments aim to refine the criteria for establishing a connection between ischaemic heart disease and certain mental health conditions, ensuring that the diagnostic and treatment considerations are more accurately reflected.
The Act imposes obligations on the Repatriation Medical Authority to conduct thorough investigations into the conditions related to veterans' health, in this case ischaemic heart disease. This includes publicising the investigation in the Government Notices Gazette and inviting submissions from relevant parties, such as the Repatriation Commission, organisations representing veterans and service personnel, and experts in the field. Additionally, the Authority is required to incorporate by reference the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision (DSM-IV-TR) in the new instrument, ensuring that the diagnostic criteria for mental health conditions are aligned with internationally recognised standards.
Failure to comply with the provisions of this legislation may result in civil or criminal consequences, depending on the nature and severity of the breach. While the specific penalties are not detailed in the explanatory notes, the Act generally allows for enforcement actions against entities or individuals who do not adhere to the requirements set forth. These actions may include fines, legal proceedings, or other remedies available under the relevant Acts. The precise penalties would depend on the context and the specific provisions of the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 that are contravened.