REPATRIATION MEDICAL AUTHORITY

INSTRUMENT NO. 18 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. 59 of 1998 of 3 September 1998 determined under subsection 196B(3) of the VEA concerning depressive disorder and death from depressive disorder.

2.             The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(3) of the VEA a Statement of Principles, Instrument No. 18 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 exist, and which of those factors must be related to the following kinds of service rendered by a person:

 eligible war service (other than operational service) under the VEA;

 defence service (other than hazardous service) under the VEA;

 peacetime service under the MRCA,

before it can be said that, on the balance of probabilities, depressive disorder or death from depressive disorder is connected 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(a) & 6(l) concerning experiencing a category 1A stressor, to revise the factor relating to experiencing a severe psychosocial stressor;
• rewording 6(b) & 6(m) concerning experiencing a category 1B stressor, to revise the factor relating to experiencing a severe psychosocial stressor;
• rewording 6(c) & 6(n) concerning having a significant other who experiences a category 1A stressor, to revise the factor relating to experiencing a severe psychosocial stressor;
• rewording 6(d) & 6(o) concerning experiencing the death of a significant other, to revise the factor relating to experiencing a severe psychosocial stressor;
• rewording 6(e) & 6(p) concerning experiencing a category 2 stressor, to revise the factor relating to experiencing a severe psychosocial stressor;
• rewording and amending 6(g) & 6(r) 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(h) & 6(s) concerning chronic pain;
• new factors 6(i) & 6(t) concerning sleep disorder;
• new factors 6(j) & 6(u) concerning pregnancy or the one year period following childbirth;
• new factors 6(k) & 6(v) 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.