Statement of Principles concerning alcohol dependence or alcohol abuse No. 77 of 1998

Administered by Department of Veterans' Affairs

Legislation au C2010L00059 Not in force Legislative Instrument

Legislation content

Instrument No.77 of 1998

 

Revocation

of

Statement of Principles

concerning

 

PSYCHOACTIVE SUBSTANCE ABUSE OR DEPENDENCE

 

and

 

Determination

of

Statement of Principles

concerning

 

ALCOHOL DEPENDENCE OR ALCOHOL ABUSE

 

ICD-9-CM CODES: 303, 305.0

 

Veterans’ Entitlements Act 1986

 

 

1. The Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act):

 

(a) revokes Instrument No.6 of 1994 (Statement of Principles concerning psychoactive substance abuse or dependence); and

 

(b) determines in its place the following Statement of Principles.

 

Kind of injury, disease or death

2. (a) This Statement of Principles is about alcohol dependence or alcohol abuse and death from alcohol dependence or alcohol abuse.

 

 (b) For the purposes of this Statement of Principles,

 

“alcohol dependence” means the presence of a constellation of cognitive, behavioural and physiological symptoms indicating the use of alcohol despite significant alcohol-related problems.  The pattern of repeated self administration may result in tolerance, withdrawal and compulsive alcohol use behaviour.

 

The diagnostic criteria for alcohol dependence are those specified in DSM-IV, and are as follows:

 

A maladaptive pattern of alcohol use, leading to clinically significant impairment or distress, as manifested by three (or more) of the following, occurring at any time in the same 12-month period:

 

(1) tolerance, as defined by either of the following:

(a) a need for markedly increased amounts of alcohol to achieve intoxication or desired effect

(b) markedly diminished effect with continued use of the same amount of alcohol

(2) withdrawal, as manifested by either of the following:

(a) the characteristic withdrawal syndrome for alcohol

(b) the same (or closely related) substance is taken to relieve or avoid withdrawal symptoms

(3) alcohol is often taken in larger amounts or over a longer period than was intended

(4) there is a persistent desire or unsuccessful efforts to cut down or control alcohol use

(5) a great deal of time is spent in activities necessary to obtain alcohol, use alcohol or recover from its effects

(6) important social, occupational or recreational activities are given up or reduced because of alcohol use

(7) alcohol use is continued despite knowledge of having a persistent or recurrent physical or psychological problem that is likely to have been caused or exacerbated by alcohol;

 

“alcohol abuse” means the presence of cognitive, behavioural or physiological symptoms indicating the use of alcohol despite significant alcohol-related problems, however these symptoms have never met the criteria for alcohol dependence.  Additionally, signs of tolerance or withdrawal are absent.

 

The diagnostic criteria for alcohol abuse are those specified in DSM-IV, and are as follows

 

A. A maladaptive pattern of alcohol use leading to clinically significant impairment or distress, as manifested by one (or more) of the following, occurring within a 12-month period:

 

(1) recurrent alcohol use resulting in a failure to fulfil major role obligations at work, school, or home

(2) recurrent alcohol use in situations in which it is physically hazardous

(3)              recurrent alcohol -related legal problems

(4)              continued alcohol use despite having persistent or recurrent social or interpersonal problems caused or exacerbated by the effects of alcohol

B. The symptoms have never met the criteria for alcohol dependence.

 

The definitions for alcohol dependence and alcohol abuse exclude acute alcohol intoxication in the absence of alcohol dependence or alcohol abuse.

 

Alcohol dependence or alcohol abuse attracts ICD-9-CM code 303 or 305.0.

 

Basis for determining the factors

3. On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that alcohol dependence or alcohol abuse and death from alcohol dependence or alcohol abuse can be related to relevant service rendered by veterans or members of the Forces.

 

Factors that must be related to service

4. Subject to clause 6, at least one of the factors set out in clause 5 must be related to any relevant service rendered by the person.

 

Factors

5. The factors that must exist before it can be said that, on the balance of probabilities, alcohol dependence or alcohol abuse or death from alcohol dependence or alcohol abuse is connected with the circumstances of a person’s relevant service are:

 

(a) suffering from a psychiatric disorder at the time of the clinical onset of alcohol dependence or alcohol abuse; or

 

(b) experiencing a severe stressor within the one year immediately before the clinical onset of alcohol dependence or alcohol abuse; or

 

(c) suffering from a psychiatric disorder at the time of the clinical worsening of alcohol dependence or alcohol abuse; or

 

(d) experiencing a severe stressor within the one year immediately before the clinical worsening of alcohol dependence or alcohol abuse; or

 

(e) inability to obtain appropriate clinical management for alcohol dependence or alcohol abuse.

 

Factors that apply only to material contribution or aggravation

6. Paragraphs 5(c) to 5(e) apply only to material contribution to, or aggravation of, alcohol dependence or alcohol abuse where the person’s alcohol dependence or alcohol abuse was suffered or contracted before or during (but not arising out of) the person’s relevant service; paragraph 8(1)(e), 9(1)(e) or 70(5)(d) of the Act refers.

 

Inclusion of Statements of Principles

7. In this Statement of Principles if a relevant factor applies and that factor includes an injury or disease in respect of which there is a Statement of Principles then the factors in that last mentioned Statement of Principles apply in accordance with the terms of that Statement of Principles.

 

Other definitions

8. For the purposes of this Statement of Principles:

 

“death from alcohol dependence or alcohol abuse” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s alcohol dependence or alcohol abuse;

 

“DSM-IV” means the fourth edition of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders;

 

“experiencing a severe stressor” means, the person experienced, witnessed or was confronted with, an event or events that involved actual or threat of death or serious injury, or a threat to the person’s or other people’s physical integrity, which event or events might evoke intense fear, helplessness or horror;

 

In the setting of service in the Defence Forces, or other service where the Veterans’ Entitlements Act applies, events that qualify as severe stressors include:

 

(i) threat of serious injury or death; or

(ii) engagement with the enemy; or

(iii) witnessing casualties or participation in or observation of casualty clearance, atrocities or abusive violence;

 

“ICD-9-CM 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;

 

“psychiatric disorder” means any Axis 1 or 2 disorder of mental health attracting a diagnosis under DSM IV;

 

“relevant service” means:

 

(a) eligible war service (other than operational service); or

(b) defence service (other than hazardous service);

 

“terminal event” means the proximate or ultimate cause of death and includes:

 

a) pneumonia;

b) respiratory failure;

c) cardiac arrest;

d) circulatory failure; or

e) cessation of brain function.

 

Application

9. This Instrument applies to all matters to which section 120B of the Act applies.

 

 

Dated this First day of  December  1998

 

 

The Common Seal of the    )

Repatriation Medical Authority   )

was affixed to this instrument  )

in the presence of:    )

 

KEN DONALD

CHAIRMAN

Overview

The Veterans’ Entitlements Act 1986, enacted by the Australian Parliament, provides a framework for the provision of benefits to veterans and their families. The Act aimed to address the needs of veterans by providing a comprehensive legislative structure for entitlements and benefits. In 1998, the Repatriation Medical Authority revoked Instrument No.6 of 1994 concerning psychoactive substance abuse or dependence and introduced the Determination of Statement of Principles concerning alcohol dependence or alcohol abuse. This legislative instrument aims to provide medical and scientific evidence to support the connection between alcohol dependence or alcohol abuse, and service in the Defence Forces, thereby facilitating the assessment of entitlements for veterans affected by these conditions. The policy objective is to ensure that veterans who suffer from alcohol dependence or alcohol abuse, or who died from alcohol dependence or alcohol abuse, receive appropriate recognition and benefits under the Act. This instrument specifies that alcohol dependence or alcohol abuse and death from such conditions can be related to relevant service rendered by veterans or members of the Forces if certain factors are present. These factors include suffering from a psychiatric disorder at the time of the clinical onset or worsening of alcohol dependence or alcohol abuse, experiencing a severe stressor within the year before the onset or worsening, or inability to obtain appropriate clinical management. The instrument also provides definitions for terms such as "alcohol dependence", "alcohol abuse", and "severe stressor", ensuring clarity in the application of the principles. The policy objective is to ensure that veterans who have been affected by alcohol dependence or alcohol abuse receive the benefits and recognition they are entitled to under the Act.

Scope and Application

This legislative instrument under the Veterans’ Entitlements Act 1986 revokes the previous Statement of Principles concerning psychoactive substance abuse or dependence and replaces it with a new Statement of Principles concerning alcohol dependence or alcohol abuse. The new Statement of Principles pertains to veterans or members of the Defence Forces who have experienced alcohol dependence or alcohol abuse, or who have died from alcohol dependence or alcohol abuse. The definitions of alcohol dependence and alcohol abuse are provided, with criteria specified in the DSM-IV. The instrument outlines the factors that must be related to the person's relevant service in order for alcohol dependence or alcohol abuse to be connected to that service. The instrument also includes provisions for the application of the Statement of Principles, including circumstances where other factors may apply. The instrument applies to all matters to which section 120B of the Veterans’ Entitlements Act 1986 applies. The instrument is a legislative instrument made under the Veterans’ Entitlements Act 1986 and applies to all matters to which section 120B of that Act applies. The instrument revokes the previous Statement of Principles concerning psychoactive substance abuse or dependence and replaces it with a new Statement of Principles concerning alcohol dependence or alcohol abuse. The new Statement of Principles applies to veterans or members of the Defence Forces who have experienced alcohol dependence or alcohol abuse, or who have died from alcohol dependence or alcohol abuse. The instrument outlines the factors that must be related to the person's relevant service in order for alcohol dependence or alcohol abuse to be connected to that service. The instrument also includes provisions for the application of the Statement of Principles, including circumstances where other factors may apply. The instrument does not apply to matters that are outside the scope of section 120B of the Veterans’ Entitlements Act 1986.

Key Provisions

The legislation in question primarily consists of two main operative sections (sections 1 and 2). Section 1(a) revokes the previous Statement of Principles concerning psychoactive substance abuse or dependence (Instrument No.6 of 1994) and, in its place, determines a new Statement of Principles concerning alcohol dependence or alcohol abuse and death from alcohol dependence or alcohol abuse (section 1(b)). This new Statement of Principles, detailed in section 2, specifies the diagnostic criteria for alcohol dependence and alcohol abuse, based on DSM-IV criteria, and the circumstances under which these conditions can be considered related to relevant service rendered by veterans or members of the Defence Forces. The obligations imposed by this Act on the parties it governs include the requirement for at least one of the specified factors to be related to relevant service for alcohol dependence or alcohol abuse to be considered connected to service (section 4). These factors include suffering from a psychiatric disorder at the clinical onset or worsening of alcohol dependence or alcohol abuse, experiencing a severe stressor within the year before the onset or worsening, or an inability to obtain appropriate clinical management for alcohol dependence or alcohol abuse (section 5). Additionally, if a relevant factor includes an injury or disease with an existing Statement of Principles, the factors in that Statement of Principles apply (section 7). The legislation outlines potential consequences for non-compliance, although it does not explicitly detail offences, penalties, or consequences in the provided text. Typically, breaches of legislative instruments such as this may result in civil or administrative penalties, depending on the nature and severity of the breach, as well as the specific provisions of the governing Act (in this case, the Veterans’ Entitlements Act 1986). The Act may provide for penalties such as fines or other sanctions for non-compliance, with the exact penalties and enforcement mechanisms detailed in the primary Act itself. Given the nature of the instrument, breaches might also lead to administrative reviews or reconsiderations of entitlements, impacting the rights and benefits of affected veterans or service members.

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