Statement of Principles concerning depressive disorder No. 17 of 2007

Administered by Department of Veterans' Affairs

Legislation au F2007L00053 Not in force Legislative Instrument

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REPATRIATION MEDICAL AUTHORITY

 

INSTRUMENT NO. 17 of 2007

 

VETERANS’ ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

EXPLANATORY NOTES FOR TABLING

 

 

  1. The Repatriation Medical Authority ('the Authority'), under subsection 196B(8) of the Veterans' Entitlements Act 1986 ('the VEA') revokes Instrument No. 58 of 1998 of 3 September 1998, determined under subsection 196B(2) of the VEA concerning depressive disorder and death from depressive disorder.

 

2.             The Authority is of the view that there is sound medical-scientific evidence that indicates that depressive disorder and death from depressive disorder can be related to particular kinds of service.  The Authority has therefore determined pursuant to subsection 196B(2) of the VEA a Statement of Principles, Instrument No. 17 of 2007 concerning depressive disorder.  This Instrument will in effect replace the revoked Statements of Principles.

 

3.             The provisions of the Military Rehabilitation and Compensation Act 2004 ('the MRCA') relating to claims for compensation commenced on 1 July 2004.  Claims under section 319 of the MRCA for acceptance of liability for a service injury sustained, a service disease contracted or service death on or after 1 July 2004 are determined by the Military Rehabilitation and Compensation Commission by reference to Statements of Principles issued by the Authority pursuant to the VEA.

 

4.             The Statement of Principles sets out the factors that must as a minimum exist, and which of those factors must be related to the following kinds of service rendered by a person:

 

 operational service under the VEA;

 peacekeeping service under the VEA;

 hazardous service under the VEA;

 warlike service under the MRCA;

 non-warlike service under the MRCA,

 

before it can be said that a reasonable hypothesis has been raised connecting depressive disorder or death from depressive disorder, with the circumstances of that service.

 

5.             This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 1 September 2004 concerning depressive disorder in accordance with section 196G of the Act.  The investigation involved an examination of the sound medical-scientific evidence now available to the Authority, including the sound medical-scientific evidence it has previously considered.

 

6.             The contents of the new Instrument are in similar terms as the revoked Instruments.  Comparing the new and the revoked Instruments, the differences include:

 

  • adopting the latest revised Instrument format, which commenced in 2005;
  • deleting the ICD code from the Instrument header;
  • revising the definition of 'depressive disorder' in clause 3;
  • rewording 6(b) & 6(m) concerning experiencing a category 1A stressor, to revise the factor relating to experiencing a severe psychosocial stressor;
  • rewording 6(c) & 6(n) concerning experiencing a category 1B stressor, to revise the factor relating to experiencing a severe psychosocial stressor;
  • rewording 6(d) & 6(o) concerning having a significant other who experiences a category 1A stressor, to revise the factor relating to experiencing a severe psychosocial stressor;
  • rewording 6(e) & 6(p) concerning experiencing the death of a significant other, to revise the factor relating to experiencing a severe psychosocial stressor;
  • rewording 6(f) & 6(q) concerning experiencing a category 2 stressor, to revise the factor relating to experiencing a severe psychosocial stressor;
  • rewording and amending 6(h) & 6(s) concerning medical illness or injury, stipulating that the medical illness or injury be life-threatening or results in serious physical or cognitive disability;
  • rewording 6(i) & 6(t) concerning chronic pain;
  • new factors 6(j) & 6(u) concerning sleep disorder;
  • new factors 6(k) & 6(v) concerning pregnancy or the one year period following childbirth;
  • new factors 6(l) & 6(w) concerning miscarriage;
  • revising the definition of 'relevant service' in clause 9;
  • deleting the definitions of 'clinically significant'; 'DSM-IV'; 'ICD-9-CM code'; 'major illness or injury'; 'psychiatric condition'; and 'severe psychosocial stressor';
  • including new definitions of 'a category 1A stressor'; 'a category 1B stressor'; 'a category 2 stressor'; 'a clinically significant psychiatric condition'; 'a significant other'; 'a sleep disorder'; 'an eyewitness'; 'DSM-IV-TR'; and 'ICD-10-AM code', in clause 9; and
  • specifying a date of effect for the Instrument in clause 11.

 

7.             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.

 

8.             Further changes to the format of the Instrument reflect the commencement of the MRCA and clarify that pursuant to subsection 196B(3A) of the VEA, the Statement of Principles has been determined for the purposes of both the VEA and the MRCA.

 

9.             Prior to determining this instrument, the Authority advertised its intention to undertake an investigation in relation to depressive disorder in the Government Notices Gazette of 1 September 2004, 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.  One submission was received for consideration by the Authority during the investigation.

 

10.         The determining of this new instrument finalises the investigation in relation to depressive disorder as advertised in the Government Notices Gazette of 1 September 2004.

 

11.         A list of references relating to the above condition is available, on written request, from the Repatriation Medical Authority Secretariat.

Overview

The Repatriation Medical Authority Instrument No. 17 of 2007, enacted under the Veterans' Entitlements Act 1986, addresses the gap in recognising the connection between depressive disorder, death from depressive disorder, and specific types of military service. This instrument revokes the previous Instrument No. 58 of 1998 and establishes new Statements of Principles to ensure that claims for compensation are determined based on the latest medical-scientific evidence. The policy objective is to provide clarity and updated criteria for assessing claims related to depressive disorder, thereby ensuring that veterans and their families receive appropriate support and compensation. The instrument incorporates the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision (DSM-IV-TR), and aligns with the commencement of the Military Rehabilitation and Compensation Act 2004, ensuring that compensation claims post-1 July 2004 are assessed according to the new standards.

Scope and Application

The Repatriation Medical Authority Instrument No. 17 of 2007, which replaces Instrument No. 58 of 1998, pertains to depressive disorder and death from depressive disorder as they relate to specific types of service under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislative instrument applies to veterans and their families, as well as service personnel who have sustained service injuries, contracted service diseases, or died from service-related causes on or after 1 July 2004. The scope of the instrument extends to various types of service including operational, peacekeeping, hazardous, warlike, and non-warlike service. The geographic and jurisdictional reach of this legislation is national, as it pertains to Commonwealth legislation enacted by the Australian government. The instrument sets out the minimum factors that must exist to establish a reasonable hypothesis connecting depressive disorder or death from depressive disorder with the circumstances of the service, and these factors must be related to the service types mentioned above. The Authority has the power to extend or restrict the application of this instrument through subordinate instruments, although no such extensions or restrictions are noted in the explanatory statement.

Key Provisions

The Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) have been instrumental in providing compensation for service-related injuries and illnesses, including mental health conditions. Instrument No. 17 of 2007, issued by the Repatriation Medical Authority (the Authority), revokes the previous Instrument No. 58 of 1998, establishing new Statements of Principles concerning depressive disorder. This new instrument sets out the minimum factors that must exist, and which must be related to specific types of service, to establish a connection between depressive disorder or death from depressive disorder and the circumstances of service (Section 4). These services include operational service, peacekeeping service, hazardous service, warlike service, and non-warlike service. The new instrument adopts the latest format, revises definitions, and incorporates the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision (DSM-IV-TR) (Sections 5-9). The Authority imposes certain obligations on parties and entities governed by the Act. These obligations include ensuring that any claims for compensation for service injuries, diseases, or deaths occurring on or after 1 July 2004, are determined by the Military Rehabilitation and Compensation Commission, and made in accordance with the Statements of Principles issued by the Authority (Section 3). The Authority must also conduct investigations and consider submissions from relevant parties, such as the Repatriation Commission and organisations representing veterans, service personnel, and their dependants (Section 9). The legislation imposes various consequences for non-compliance with its requirements. While the explanatory notes do not detail specific offences or penalties, non-compliance with the provisions of the VEA and MRCA can result in civil or criminal consequences. These may include fines or imprisonment for providing false or misleading information in claims, or other penalties as prescribed by the respective Acts. The exact penalties would depend on the nature and severity of the breach, as well as the specific provisions of the VEA and MRCA.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.