Statement of Principles concerning eating disorder No. 48 of 2008

Administered by Department of Veterans' Affairs

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Statement of Principles

concerning

EATING DISORDER

Instrument No. 48 of 2008 as amended

made under section 196B(3) of the

Veterans’ Entitlements Act 1986

This compilation was prepared on 30 June 2009 taking into account Amendment of Statement of Principles concerning EATING DISORDER (Instrument No. 48 of 2009).

Prepared by the Repatriation Medical Authority Secretariat, Brisbane.

 

Statement of Principles

concerning

 

EATING DISORDER

No. 48 of 2008

 

for the purposes of the

 

Veterans’ Entitlements Act 1986

and

Military Rehabilitation and Compensation Act 2004

 

Title

  1. This Instrument may be cited as Statement of Principles concerning eating disorder No. 48 of 2008.

 

Determination

2.                  This Statement of Principles is determined by the Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the VEA).

 

Kind of injury, disease or death

3. (a) This Statement of Principles is about eating disorder and death from eating disorder.

(b)              For the purposes of this Statement of Principles, "eating disorder" means the psychiatric conditions anorexia nervosa, bulimia nervosa and eating disorder not otherwise specified which are manifested by a dysfunctional eating pattern, where:

 

"anorexia nervosa" means a psychiatric condition meeting the following diagnostic criteria (derived from DSM-IV-TR):

  1. Refusal to maintain body weight at or above a minimally normal weight for age and height (e.g., weight loss leading to maintenance of body weight less than 85% of that expected or failure to make expected weight gain during period of growth, leading to body weight less than 85% of that expected).
  2. Intense fear of gaining weight or becoming fat, even though underweight.
  3. Disturbance in the way in which one's body weight or shape is experienced, undue influence of body weight or shape on self-evaluation, or denial of the seriousness of the current low body weight.
  4. In postmenarchal females, amenorrhoea (i.e., the absence of at least three consecutive cycles).

"bulimia nervosa" means a psychiatric condition meeting the following diagnostic criteria (derived from DSM-IV-TR):

  1. Recurrent episodes of binge eating. An episode of binge eating is characterised by both of the following:

(1) Eating, in a discrete period of time (e.g., within any 2-hour period), an amount of food that is definitely larger than most people would eat during a similar period of time and under similar circumstances.

(2) A sense of lack of control over eating during the episode (e.g., a feeling that one cannot stop eating or control what or how much one is eating).

B.    Recurrent inappropriate compensatory behaviour in order to prevent weight gain, such as self-induced vomiting; misuse of laxatives, diuretics, enemas or other medications; fasting or excessive exercise.

C.    The binge eating and inappropriate compensatory behaviours both occur, on average, at least twice a week for 3 months.

D.    Self-evaluation is unduly influenced by body shape and weight.

"eating disorder not otherwise specified" means a psychiatric condition meeting the following criteria (derived from DSM-IV-TR):

  1. For females, all of the criteria for anorexia nervosa are met except that the individual has regular menses.
  2. All of the criteria for anorexia nervosa are met except that, despite significant weight loss, the individual's current weight is in the normal range.
  3. All of the criteria for bulimia nervosa are met except that the binge eating and inappropriate compensatory mechanisms occur at a frequency of less than twice a week or for a duration of less than 3 months.
  4. The regular use of inappropriate compensatory behaviour by an individual of normal body weight after eating small amounts of food.
  5. Repeatedly chewing and spitting out, but not swallowing, large amounts of food.
  6. For binge-eating disorder: recurrent episodes of binge eating in the absence of the regular use of inappropriate compensatory behaviours characteristic of bulimia nervosa.

 

Basis for determining the factors

4. On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that eating disorder and death from eating disorder can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the Military Rehabilitation and Compensation Act 2004 (the MRCA).

 

Factors that must be related to service

5. Subject to clause 7, at least one of the factors set out in clause 6 must be related to the relevant service rendered by the person.

 

Factors

6. The factor that must exist before it can be said that, on the balance of probabilities, eating disorder or death from eating disorder is connected with the circumstances of a person’s relevant service is:

 

(a)               experiencing a category 1A stressor within the one year before the clinical onset of eating disorder; or

 

(b)              experiencing a category 1B stressor within the one year before the clinical onset of eating disorder; or

 

(c)               experiencing a category 2 stressor within the one year before the clinical onset of eating disorder; or

 

(d)              experiencing the death of a significant other within the one year before the clinical onset of eating disorder; or

 

(e)               having a clinically significant psychiatric condition as specified, within the one year before the clinical onset of eating disorder; or

 

(f)                having a medical illness or injury which is life-threatening or which results in serious physical or cognitive disability, within the one year before the clinical onset of eating disorder; or

 

(g)              having experienced severe childhood abuse within the five years before the clinical onset of eating disorder; or

 

(h)              experiencing a category 1A stressor within the one year before the clinical worsening of eating disorder; or

 

(i)                experiencing a category 1B stressor within the one year before the clinical worsening of eating disorder; or

 

(j)                experiencing a category 2 stressor within the one year before the clinical worsening of eating disorder; or

 

(k)              experiencing the death of a significant other within the one year before the clinical worsening of eating disorder; or

 

(l)                having a clinically significant psychiatric condition as specified, within the one year before the clinical worsening of eating disorder; or

 

(m)            having a medical illness or injury which is life-threatening or which results in serious physical or cognitive disability, within the one year before the clinical worsening of eating disorder; or

 

(n)              inability to obtain appropriate clinical management for eating disorder.

 

Factors that apply only to material contribution or aggravation

7.                  Paragraphs 6(h) to 6(n) apply only to material contribution to, or aggravation of, eating disorder where the person’s eating disorder was suffered or contracted before or during (but not arising out of) the person’s relevant service.

 

Inclusion of Statements of Principles

8.                  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 as in force from time to time.

 

Other definitions

9. For the purposes of this Statement of Principles:

 

"a category 1A stressor" means one or more of the following severe traumatic events:

(a)               experiencing a life-threatening event;

(b)              being subject to a serious physical attack or assault including rape and sexual molestation; or

(c)               being threatened with a weapon, being held captive, being kidnapped, or being tortured;

 

"a category 1B stressor" means one of the following severe traumatic events:

(a)               being an eyewitness to a person being killed or critically injured;

(b)              viewing corpses or critically injured casualties as an eyewitness;

(c)               being an eyewitness to atrocities inflicted on another person or persons;

(d)              killing or maiming a person; or

(e)               being an eyewitness to or participating in, the clearance of critically injured casualties;

 

"a category 2 stressor" means one or more of the following negative life events, the effects of which are chronic in nature and cause the person to feel on-going distress, concern or worry:

(a)               being socially isolated and unable to maintain friendships or family relationships, due to physical location, language barriers, disability, or medical or psychiatric illness;

(b)              experiencing a problem with a long-term relationship including: the break-up of a close personal relationship, the need for marital or relationship counselling, marital separation, or divorce;

(c)               having concerns in the work or school environment including: on-going disharmony with fellow work or school colleagues, perceived lack of social support within the work or school environment, perceived lack of control over tasks performed and stressful work loads, or experiencing bullying in the workplace or school environment;

(d)              experiencing serious legal issues including: being detained or held in custody, on-going involvement with the police concerning violations of the law, or court appearances associated with personal legal problems;

(e)               having severe financial hardship including: loss of employment, long periods of unemployment, foreclosure on a property, or bankruptcy;

(f)                having a family member or significant other experience a major deterioration in their health; or

(g)              being a full-time caregiver to a family member or significant other with a severe physical, mental or developmental disability;

 

"a clinically significant psychiatric condition as specified" means any of the Axis I mood disorders, anxiety spectrum disorders, substance abuse or substance dependence disorders, or attention-deficit and disruptive behaviour disorders of mental health that attract a diagnosis under DSM-IV-TR and is sufficient to warrant ongoing management.  The ongoing management may involve regular visits (for example, at least monthly), to a psychiatrist, clinical psychologist or general practitioner;

 

"a significant other" means a person who has a close family bond or a close personal relationship and is important or influential in one’s life;

 

"an eyewitness" means a person who observes an incident first hand and can give direct evidence of it.  This excludes a person exposed only to media coverage of the incident;

 

"death from eating disorder" in relation to a person includes death from a terminal event or condition that was contributed to by the person’s eating disorder;

 

"DSM-IV-TR" means the American Psychiatric Association: Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision.  Washington, DC, American Psychiatric Association, 2000.

 

"relevant service" means:

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

(b)          defence service (other than hazardous service) under the VEA; or

(c)          peacetime service under the MRCA;

 

"severe childhood abuse" means:

(a)          serious physical, emotional, psychological or sexual harm whilst a child aged under 16 years; or

(b)         neglect involving a serious failure to provide the necessities for health, physical and emotional development, or wellbeing whilst a child aged under 16 years;

where such serious harm or neglect has been perpetrated by a parent, a care provider, an adult who works with or around that child, or any other adult in contact with that child;

 

"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.

 

Date of effect

10. This Instrument takes effect from 2 July 2008.

 

 


Notes to Statement of Principles concerning eating disorder (Instrument No. 48 of 2008)

 

The Statement of Principles concerning eating disorder (Instrument No. 48 of 2008) in force under section 196B(3) of the Veterans’ Entitlements Act 1986, as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Statement of Principles concerning eating disorder (Instrument No. 48 of 2008)

25 June 2008

2 July 2008

 

Amendment of Statement of Principles concerning eating disorder (Instrument No. 48 of 2009)

23 June 2009

1 July 2009

 

 

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Clause 9 – ‘severe childhood abuse' 

rs. Instrument No.48 of 2009

 

Overview

The Statement of Principles concerning eating disorder No. 48 of 2008, as amended, is a legislative instrument made under section 196B(3) of the Veterans’ Entitlements Act 1986. This Statement of Principles addresses the gap in recognising eating disorders, including anorexia nervosa, bulimia nervosa, and eating disorder not otherwise specified, as conditions that can be related to service rendered by veterans or members of the Australian Defence Force (ADF). The instrument was enacted to ensure that veterans and ADF members who suffer from eating disorders and death from eating disorders are eligible for appropriate compensation and rehabilitation benefits. The Repatriation Medical Authority, the body responsible for making this determination, considers it more probable than not that eating disorders can be related to service under the Veterans’ Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004. The policy objective of this Statement of Principles is to provide a framework for determining the service-related factors that must be present to establish a connection between eating disorders and the circumstances of a person’s relevant service.

Scope and Application

The Statement of Principles concerning Eating Disorder No. 48 of 2008, as amended, applies to eating disorders and death from eating disorder in the context of service rendered by veterans or members of the Defence Force. This legislation operates under the authority of the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). It applies to persons who have experienced relevant service, including eligible war service, defence service, and peacetime service, as defined by these Acts. The instrument delineates specific psychiatric conditions such as anorexia nervosa, bulimia nervosa, and eating disorder not otherwise specified, which must meet diagnostic criteria as per the DSM-IV-TR. The scope extends to veterans or members who have experienced various stressors or significant life events within a specified timeframe before the onset or worsening of their eating disorder. The instrument also includes criteria for severe childhood abuse and other significant traumatic events. Notably, it stipulates that certain factors apply only to material contribution to or aggravation of eating disorder if the condition was present before or during service but not arising out of it. The instrument's provisions are effective from 2 July 2008, with amendments effective from 1 July 2009.

Key Provisions

The Statement of Principles concerning eating disorder No. 48 of 2008 (the Instrument) establishes the criteria under which veterans or members of the Australian Defence Force (ADF) may be eligible for benefits related to eating disorders, as outlined in the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This document is intended to guide claimants, healthcare providers, and other stakeholders in understanding the conditions under which an eating disorder or death from an eating disorder may be deemed related to relevant military service. The Instrument stipulates that eating disorders, including anorexia nervosa, bulimia nervosa, and eating disorder not otherwise specified, can be connected to military service if specific factors are present, such as experiencing a stressor or other traumatic events within a year before the onset of the disorder. The obligations under this Instrument require claimants to provide evidence that their eating disorder or death from an eating disorder is related to their military service. This involves demonstrating that at least one of the specified factors, such as exposure to a severe traumatic event or a clinically significant psychiatric condition, occurred within a defined timeframe before the onset of the disorder. The Instrument mandates that claimants must establish a link between their service and the disorder through documented evidence. The onus is on the claimant to provide comprehensive medical and service records that substantiate the claimed connection. Breach of the requirements or providing false information in the application process can lead to serious consequences. Under the VEA and the MRCA, providing false statements or evidence can be considered a form of deception, which is an offence. If convicted, individuals may face penalties including fines and imprisonment, with the severity of the penalty depending on the specific circumstances of the offence. Additionally, any benefits received under false pretences may be subject to recovery by the relevant authorities. It is crucial for claimants to ensure that all information provided is accurate and supported by relevant documentation to avoid potential legal repercussions.

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