Amendment Statement of Principles concerning panic disorder (No. 102 of 2016)

Administered by Department of Veterans' Affairs

Legislation au F2016L01668 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

PANIC DISORDER

NO. 102 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. 102 of 2016.

Background

2.             The Repatriation Medical Authority (the Authority) has determined, under subsections 196B(3) and (8) of the Veterans’ Entitlements Act 1986 (the VEA) Amendment Statement of Principles concerning panic disorder No. 102 of 2016.

3.             This Instrument amends Statement of Principles concerning panic disorder No. 69 of 2009 by:

  • replacing the definition of 'panic disorder' in clause 3(b);
  • replacing factors (e) & (k) 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. 102 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 exist before it can be said that, on the balance of probabilities, panic disorder is connected with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 69 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. 102 of 2016 is an amendment to the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) that was determined by the Repatriation Medical Authority. The amendment was made to address the evolving understanding of panic disorder in the context of veterans’ health and to ensure that the legislative framework aligns with the most current medical-scientific evidence. This amendment replaces the existing definition of 'panic disorder' and updates the relevant factors and definitions to better reflect contemporary diagnostic standards, particularly those outlined in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5). The policy objective is to facilitate the assessment and approval of claims by veterans suffering from panic disorder, thereby ensuring that they receive appropriate medical treatment and compensation. The instrument was designed to be technically robust, ensuring that the medico-scientific quality of outcomes under the VEA and MRCA is maintained and improved. This legislative instrument does not infringe upon any human rights and, in fact, promotes several human rights, including the right to social security, the right to an adequate standard of living, and the right to the highest attainable standard of physical and mental health. It ensures that these rights are exercised without discrimination, in accordance with international human rights instruments. The amendment was finalised following an investigation and consultation process, with no submissions received for consideration.

Scope and Application

The Amendment Statement of Principles concerning panic disorder No. 102 of 2016 applies to individuals who are eligible for compensation or medical treatment under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. Specifically, it concerns those who have been diagnosed with panic disorder and are seeking to establish a connection between their condition and their service in the Australian Defence Force. This Amendment Statement of Principles refines the criteria for recognising panic disorder as a service-related condition, thus facilitating the claims process for eligible veterans and service personnel. The amendment also applies nationally across Australia, as it is determined under the Commonwealth legislation. However, it is important to note that this legislative instrument does not apply to persons outside the scope of the specified Acts, nor does it extend to other mental health conditions not covered by the amendment. The instrument incorporates the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5) by reference, which is used to define and classify mental health disorders, thereby providing a clear framework for medical assessments and claims processing.

Key Provisions

The main operative sections of the Amendment Statement of Principles concerning panic disorder No. 102 of 2016 (the Instrument) focus on updating and refining the criteria for determining claims related to panic disorder under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). Section 3(b) revises the definition of 'panic disorder', while clause 6 updates factors associated with a clinically significant disorder of mental health. Clause 9 introduces new definitions for terms such as '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', replacing previous definitions and terminologies. The Instrument also incorporates by reference the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5), to ensure that the latest medical-scientific evidence informs the assessment of claims. The obligations imposed by the Instrument primarily concern the Repatriation Medical Authority (the Authority) and the Repatriation Commission. The Authority must ensure that the updated criteria are applied consistently in the assessment of claims, taking into account the latest medical-scientific evidence. The Repatriation Commission is required to use these updated criteria when assessing and processing claims related to panic disorder. This includes ensuring that claimants meet the specified conditions to be eligible for medical treatment and compensation. Additionally, the Veterans' Review Board and the Administrative Appeals Tribunal must consider these updated criteria in their reviews and appeals processes. Failure to comply with the requirements of the Instrument may result in legal consequences, though the specific provisions governing penalties for non-compliance are not detailed in the text provided. However, it is implied that breaches of the Act's provisions could lead to civil or administrative penalties, depending on the nature and severity of the breach. The maximum penalties for breaches of the VEA and MRCA are not explicitly mentioned in the provided text, but they can be found in the respective Acts. Generally, penalties for non-compliance with these Acts can include fines and other sanctions as prescribed by law. Ensuring adherence to the updated criteria is crucial for both claimants and the authorities involved to maintain the integrity of the compensation and rehabilitation processes for veterans and Defence Force members.

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Veterans' Affairs
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Statutory Instrument
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panic disorder

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