Amendment Statement of Principles concerning panic disorder (No. 101 of 2016)

Administered by Department of Veterans' Affairs

Legislation au F2016L01681 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

PANIC DISORDER

NO. 101 OF 2016

 

VETERANS’ ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Amendment Statement of Principles concerning panic disorder No. 101 of 2016.

Background

2.             The Repatriation Medical Authority (the Authority) has determined, under subsections 196B(2) and (8) of the Veterans’ Entitlements Act 1986 (the VEA) Amendment Statement of Principles concerning panic disorder No. 101 of 2016.

3.             This instrument amends Statement of Principles concerning panic disorder No. 68 of 2009 by:

  • replacing the definition of 'panic disorder' in clause 3(b);
  • replacing factors (e) & (l) in clause 6 concerning 'a clinically significant disorder of mental health';
  • replacing the definitions of 'ICD-10-AM code' and 'relevant service';
  • inserting the definitions of 'a clinically significant disorder of mental health from Specified List 1', 'a clinically significant disorder of mental health from Specified List 2' and 'DSM-5' in clause 9 in alphabetical order; and
  • deleting the definitions of 'a clinically significant psychiatric condition from specified list 1', 'a clinically significant psychiatric condition from specified list 2', 'DSM-IV-TR', 'obsessive-compulsive disorder', 'panic attack', 'phobic anxiety' and 'substance-induced anxiety disorder' in clause 9.

Day of Commencement

4.             This Instrument also specifies a day of commencement for the amendment in accordance with subsection 12(3) of the Legislation Act 2003.

Incorporation

5.             This Instrument incorporates by reference the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5), Arlington, VA, American Psychiatric Association, 2013.  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.

 

Consultation

6.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to panic disorder in the Government Notices Gazette of 30 June 2015, 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.  No submissions were received for consideration by the Authority during the investigation.

Human Rights

7.             This instrument is compatible with the Human Rights and Freedoms recognised or declared in the International Instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.  A Statement of Compatibility with Human Rights follows.

Finalisation of Investigation

8.             The determining of this Instrument finalises the investigation in relation to panic disorder as advertised in the Government Notices Gazette of 30 June 2015.

References

9.             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

GPO Box 1014

BRISBANE    QLD    4001

 


Statement of Compatibility with Human Rights

(Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)

 

Instrument No.:   Amendment Statement of Principles No. 101 of 2016

Kind of Injury, Disease or Death: Panic disorder

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

1. This Legislative Instrument is determined pursuant to subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA) for the purposes of the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA).  Part XIA of the VEA requires the determination of these instruments outlining the factors linking particular kinds of injury, disease or death with service such being determined solely on the available sound medical-scientific evidence.

2. This Legislative Instrument:-

  • facilitates claimants in making, and the Repatriation Commission in assessing, claims under the VEA and the MRCA respectively, by specifying the circumstances in which medical treatment and compensation can be extended to eligible persons who have panic disorder;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • includes revised factors which the current sound medical-scientific evidence indicates must as a minimum exist, before it can be said that a reasonable hypothesis has been raised, connecting panic disorder with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 68 of 2009; and
  • reflects developments in the available sound medical-scientific evidence concerning panic disorder which have occurred since that earlier instrument was determined. 

3. The Instrument is assessed as being a technical instrument which improves the medico-scientific quality of outcomes under the VEA and the MRCA. 

Human Rights Implications

4. This Legislative Instrument does not derogate from any human rights. It promotes the human rights of veterans, current and former Defence Force members as well as other persons such as their dependents, including:

  • the right to social security (Art 9, International Covenant on Economic, Social and Cultural Rights; Art 26, Convention on the Rights of the Child and Art 28, Convention on the Rights of Persons with Disabilities) by helping to ensure that the qualifying conditions for the benefit are 'reasonable, proportionate and transparent'[1];
  • the right to an adequate standard of living (Art 11, ICSECR; Art 27, CRC and Art 28, CRPD) by facilitating the assessment and determination of social security benefits;
  • the right to the enjoyment of the highest attainable standard of physical and mental health (Art 12, ICSECR and Art 25, CRPD), by facilitating the assessment and determination of compensation and benefits in relation to the treatment and rehabilitation of veterans and Defence Force members;
  • the rights of persons with disabilities by facilitating the determination of claims relating to treatment and rehabilitation (Art 26, CRPD); and
  • ensuring that those rights "will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status" (Art 2, ICESCR).

Conclusion

This Legislative Instrument is compatible with human rights as it does not derogate from and promotes a number of human rights.

 

Repatriation Medical Authority

 

 

 

 

 

 

[1] In General Comment No. 19 (The right to social security), the Committee on Economic, Social and Cultural Rights said (at paragraph 24) this to be one of the elements of ensuring accessibility to social security.

Overview

The Amendment Statement of Principles concerning panic disorder No. 101 of 2016, enacted by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986, aims to address the evolving understanding of panic disorder in the context of military service. This legislative instrument responds to the need for updated and precise medical criteria to facilitate the assessment and compensation claims of veterans and serving members of the Defence Force suffering from panic disorder. The policy objective is to ensure that the qualifying conditions for benefits are reasonable, proportionate, and transparent, while also promoting the human rights of veterans and their dependents, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. This amendment incorporates the latest medical-scientific evidence and aligns with international human rights standards, ensuring that veterans receive the appropriate treatment and benefits without discrimination. The instrument reflects developments in the available sound medical-scientific evidence concerning panic disorder, superseding previous definitions and criteria established in Instrument No. 68 of 2009. It includes revised factors that must exist to connect panic disorder with the circumstances of service, facilitating the review of claims by the Veterans' Review Board and the Administrative Appeals Tribunal. By updating the definitions and criteria, the Amendment Statement of Principles enhances the medico-scientific quality of outcomes under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, ensuring that the determination of benefits is based on the most current and reliable medical evidence.

Scope and Application

The Amendment Statement of Principles concerning panic disorder No. 101 of 2016 applies to individuals, particularly veterans and current or former Defence Force members, who are seeking medical treatment and compensation for panic disorder under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This instrument amends the existing Statement of Principles concerning panic disorder No. 68 of 2009, reflecting advancements in medical-scientific evidence regarding panic disorder. The amendment facilitates the assessment and determination of claims by the Repatriation Commission and ensures that the qualifying conditions for benefits are reasonable, proportionate, and transparent, thereby promoting various human rights such as the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. The instrument is compatible with human rights and does not derogate from any rights, promoting the rights of veterans, Defence Force members, and their dependents. It incorporates by reference the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5) and specifies a day of commencement in accordance with the Legislation Act 2003.

Key Provisions

The main operative sections of the Amendment Statement of Principles concern panic disorder No. 101 of 2016 under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) (section 2). This amendment modifies the previous Statement of Principles No. 68 of 2009 to better align with the current sound medical-scientific evidence regarding panic disorder. Specifically, it updates the definition of panic disorder, modifies certain factors that must be considered in assessing claims, and revises definitions related to mental health disorders and diagnostic criteria (section 3). This amendment incorporates the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5), ensuring that the assessment of claims is based on the most up-to-date diagnostic standards (section 5). The obligations imposed on the parties governed by this Act primarily involve claimants and the Repatriation Commission. Claimants are required to provide accurate and relevant information about their condition and service history to facilitate the assessment of their claims. The Repatriation Commission must assess these claims based on the criteria and factors outlined in the amended Statement of Principles. This includes considering the updated definitions and diagnostic criteria for panic disorder and ensuring that the assessment process is transparent, proportionate, and reasonable (section 2). The Veterans' Review Board and the Administrative Appeals Tribunal also have roles in reviewing the decisions made by the Repatriation Commission, ensuring that any disputes are resolved fairly and in accordance with the law (section 2). Breaches of the provisions outlined in this legislative instrument may lead to civil or criminal consequences, depending on the nature of the breach. For instance, providing false or misleading information during the claim process could result in civil penalties, such as fines or the denial of benefits. Additionally, more serious breaches, such as fraudulent claims, could lead to criminal charges. The maximum penalties for such offences are not explicitly stated in the text, but they would generally align with the penalties applicable under the VEA and MRCA for similar offences. These penalties can include substantial fines and imprisonment terms, reflecting the seriousness of fraudulent activities (section 7). The compatibility with human rights ensures that any enforcement actions taken are in line with international human rights standards, emphasizing fairness and non-discrimination (section 7).

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