Amendment of Statement of Principles concerning personality disorder No. 13 of 1997

Administered by Department of Veterans' Affairs

Legislation au F2008B00313 Not in force Legislative Instrument

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Instrument No.13 of 1997

 

 

Amendment of Statement of Principles

concerning

PERSONALITY DISORDER

ICD CODES: 301.0, 301.10, 301.11, 301.12, 301.2 - 301.9

Veterans’ Entitlements Act 1986
subsection 196B(2)

 

The Repatriation Medical Authority amends, under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the Act), Instrument No.143 of 1995, (Statement of Principles concerning personality disorder), by:

 

1. omitting the words “ICD CODE: 301” in the heading of the Instrument and replacing them with the following:

 

ICD CODES: 301.0, 301.10, 301.11, 301.12, 301.2 - 301.9

 

2. omitting the definitions of “ICD code” and “personality disorder” in paragraph 4 and replacing them with the following definitions:

 

'ICD code' means a number assigned to a particular kind of injury or disease in the Australian Version of The International Classification of Diseases, 9th revision, Clinical Modification (ICD-9-CM), effective date of 1 July 1996, copyrighted by the National Coding Centre, Faculty of Health Sciences, University of Sydney, NSW, and having ISBN 0 642 24447 2;

 

‘personality disorder’ means a psychiatric condition, attracting ICD code 301.0, 301.10, 301.11, 301.12 or a code in the range 301.2 to 301.9, derived from DSM-IV, meeting the following criteria,

 

(a) an enduring pattern of inner experience and behaviour that deviates markedly from the expectations of the individual's culture, manifested in at least two of the following areas:

 

(i) cognition (ie. ways of perceiving and interpreting self, other people and events);

(ii) affectivity (ie. the range, intensity, lability, and appropriateness of emotional response);

(iii) interpersonal functioning;

(iv) impulse control; and

 

(b) the enduring pattern is inflexible and operative across a broad range of personal and social situations; and

 

(c) the enduring pattern leads to clinically significant distress or impairment in social, occupational, or other important areas eg. functioning; and

 

(d) the pattern is stable and of long duration and its onset can be traced back at least to adolescence or early adulthood; and

 

(e) the enduring pattern is not better accounted for as a manifestation or consequence of another mental disorder; and

 

(f) the enduring pattern is not due to the direct physiological effects of a substance (eg. a drug of abuse, a medication) or a general medical condition (eg. head trauma), and may be identified as any of the following:

 

(i) paranoid personality disorder attracting ICD code 301.0;

(ii) schizoid personality disorder attracting ICD code 301.2;

(iii) schizo typal personality disorder attracting ICD code 301.22;

(iv) antisocial personality disorder attracting ICD code 301.7;

(v) borderline personality disorder attracting ICD code 301.83;

(vi) histrionic personality disorder attracting ICD code 301.50;

(vii) narcissistic personality disorder attracting ICD code 301.81;

(viii) avoidant personality disorder attracting ICD code 301.82;

(ix) dependent personality disorder attracting ICD code 301.6;


(x) obsessive-compulsive personality disorder attracting ICD code 301.4;

(xi) personality disorder not otherwise specified attracting ICD code 301.9.

 

Note: The above criteria are derived from DSM-IV.”.

 

 

3. The amendments made by this instrument apply to all matters to which Instrument No.143 of 1995 and section 120A of the Act apply.

 

 

Dated this Twenty-second  day of       January              1997

 

 

 

The Common Seal of the    )

Repatriation Medical Authority   )

was affixed to this instrument  )

in the presence of:    )

 

KEN DONALD

CHAIRMAN

Overview

The Legislative Instrument No.13 of 1997 amends the Statement of Principles concerning Personality Disorder ICD Codes, as part of the Veterans’ Entitlements Act 1986. This legislative amendment was introduced to address the need for a more comprehensive definition of personality disorders in the context of veterans' health claims. The Repatriation Medical Authority, under the authority granted by subsection 196B(2) of the Veterans’ Entitlements Act 1986, has made these amendments to more accurately reflect the criteria for diagnosing various types of personality disorders, ensuring that the classification aligns with the International Classification of Diseases, 9th revision, Clinical Modification (ICD-9-CM). The policy objective behind this amendment is to provide a clear and detailed framework for assessing and recognising personality disorders among veterans, thereby facilitating appropriate health care and support.

Scope and Application

The Legislative Instrument No.13 of 1997 amends the Statement of Principles concerning personality disorder, as per Instrument No.143 of 1995, under subsection 196B(2) of the Veterans’ Entitlements Act 1986. This amendment expands the definition of personality disorder to include specific International Classification of Diseases (ICD) codes, ranging from 301.0 to 301.9. These codes pertain to various types of personality disorders, each meeting particular diagnostic criteria based on the DSM-IV. The changes ensure that the definitions of "ICD code" and "personality disorder" are updated and more accurately reflect the recognised psychiatric conditions. The legislative instrument applies to all matters governed by the original Instrument No.143 of 1995 and section 120A of the Act, thus extending its scope to cover a broader range of personality disorders for the purposes of veterans' entitlements.

Key Provisions

The primary operative sections of this legislative instrument involve amendments to the Statement of Principles concerning personality disorder, specifically Instrument No. 143 of 1995, under subsection 196B(2) of the Veterans' Entitlements Act 1986. The amendments redefine the scope of personality disorders by expanding the ICD codes covered and providing more detailed definitions of "ICD code" and "personality disorder". The heading now includes ICD codes ranging from 301.0 to 301.9, and the definitions more precisely outline the characteristics of personality disorders, including the criteria for diagnosis based on DSM-IV standards. These amendments impose specific obligations on parties or entities governed by the Veterans' Entitlements Act 1986. They require that claims for entitlements related to personality disorders must now meet the criteria defined within the expanded ICD codes and the detailed definitions provided. This means that any party seeking to claim benefits must demonstrate that their condition aligns with the newly specified codes and criteria. The definitions provided are critical in ensuring that claims are assessed based on a consistent and medically recognised standard, facilitating accurate and fair assessment processes. Breach of the provisions outlined in this legislative instrument could result in civil or criminal consequences, depending on the nature and intent of the breach. While the specific penalties are not detailed within the text, the Veterans' Entitlements Act 1986 generally provides for penalties that can include fines or imprisonment for fraudulent claims. The precise penalties would be determined based on the circumstances of the breach, including the severity and intent behind the non-compliance. Given the amendments aim to ensure accurate and fair claims processing, any deliberate misrepresentation or failure to adhere to the specified criteria could lead to serious consequences, including the potential for criminal charges. In summary, the amendments to Instrument No. 143 of 1995 under the Veterans' Entitlements Act 1986 redefine the scope and criteria for personality disorders covered by veterans' entitlements, impose obligations on claimants to adhere to these criteria, and establish that breaches could lead to significant civil or criminal penalties. The detailed definitions and expanded ICD codes ensure that claims are assessed based on a consistent and medically recognised standard, facilitating fair and accurate processing of entitlements.

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