Statement of Principles concerning panic disorder No. 9 of 1999

Administered by Department of Veterans' Affairs

Legislation au F2008B00693 Not in force Legislative Instrument

Legislation content

 

Statement of Principles

concerning

PANIC DISORDER

Instrument No. 9 of 1999 as amended

made under section 196B(2) of the

Veterans’ Entitlements Act 1986

This compilation was prepared on 22 October 2008 taking into account Amendment of Statement of Principles concerning PANIC DISORDER (Instrument No. 58  of 1999)

Prepared by the Repatriation Medical Authority Secretariat, Brisbane.

 

Revocation and Determination

of

Statement of Principles

concerning

PANIC DISORDER

 

 

ICD-9-CM CODES: 300.01, 300.21300.01, 300.21

 

Veterans’ Entitlements Act 1986

 

 

1. The Repatriation Medical Authority under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the Act):

 

(a) revokes Instrument No.31 of 1998; 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 panic disorderpanic disorder and death from panic disorder.

 

(b) For the purposes of this Statement of Principles, panic disorder, means a psychiatric condition characterised by the following diagnostic criteria:

 

(A) the person has experienced both:

 

(1) recurrent unexpected panic attacks; and

 

(2) (i) has experienced at least four panic attacks in four weeks, or

 

(ii) in the case of fewer panic attacks, at least one of the panic attacks has been followed by 30 days (or more) of one (or more) of the following:

 

(a) persistent concern about having additional panic attacks; or

(b) worry about the implications of the panic attack or its consequences; or

(c) a significant change in behaviour related to the panic attacks; where

 

(B) the panic attacks can occur in the presence or absence of agoraphobia; and

 

(C) the panic attacks are not due to the direct physiological effects of a substance or a general medical condition; and

 

(D) the panic attacks are not better accounted for by another mental disorder, such as social phobia, specific phobia, obsessive-compulsive disorder, post traumatic stress disorder, or separation anxiety disorder,

 

attracting ICD-9-CM code 300.01 or 300.21.

 

Basis for determining the factors

3. The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that panic disorder and death from panic disorder can be related to relevant service rendered by veterans, members of Peacekeeping Forces, 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 as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting panic disorder or death from panic disorder with the circumstances of a person’s relevant service are:

 

(a) experiencing a severe stressor within the two years immediately before the clinical onset of panic disorder; or

 

 

(b) experiencing a severe stressor within the two years immediately before the clinical worsening of panic disorder; or

 

(c) inability to obtain appropriate clinical management for panic disorderpanic disorder.

 

Factors that apply only to material contribution or aggravation

6. Paragraphs 5(b) to 5(c) apply only to material contribution to, or aggravation of, panic disorder where the person’s panic disorder was suffered or contracted before or during (but not arising out of) the person’s relevant service; paragraph 8(1)(e), 9(1)(e), 70(5)(d) or 70(5A)(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 panic disorder” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s panic disorder;

 

“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 another person’s, physical integrity.

 

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;

 

“panic attack” means a condition, as defined in DSM-IV, meeting the following criteria:

 

the person has experienced a discrete period of intense fear or discomfort, in which four (or more) of the following symptoms developed abruptly and reached a peak within 10 minutes:

 

(1)         palpitations, pounding heart, or accelerated heart rate; or

(2)         sweating; or

(3)         trembling or shaking; or

(4)         sensations of shortness of breath or smothering; or

(5)         feeling of choking; or

(6)         chest pain or discomfort; or

(7)         nausea or abdominal distress; or

(8)         feeling dizzy, unsteady, light headed or faint; or

(9)         derealisation (feelings of unreality) or depersonalisation (being detached from oneself); or

(10)     fear of losing control or going crazy; or

(11)     fear of dying; or

(12)     paresthesias (numbness or tingling sensations); or

(13)     chills or hot flushes;

 

“relevant service” means:

 

(a) operational service; or

(b) peacekeeping service; or

(c) 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 120A of the Act applies.


Notes to Statement of Principles concerning panic disorder (Instrument No. 9 of 1999)

The Statement of Principles concerning panic disorder (Instrument No. 9 of 1999) in force under section 196B(2) 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 panic disorder (Instrument No. 9 of 1999)

27 January 1999

(see Gazette 1999, No. GN4)

27 January 1999

 

 

Amendment of Statement of Principles concerning panic disorder (Instrument No. 58 of 1999)

30 June 1999

(see Gazette 1999, No. GN26)

30 June 1999

 

 


Table of Amendments

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

Provision affected

How affected

Clause 8 – ‘experiencing a severe stressor’’ 

rs. Instrument  No. 58 of 1999

 

Overview

The Statement of Principles concerning Panic Disorder, Instrument No. 9 of 1999, was enacted under section 196B(2) of the Veterans’ Entitlements Act 1986 by the Repatriation Medical Authority. This Statement of Principles addresses the problem of establishing a clear connection between panic disorder and the service rendered by veterans, members of Peacekeeping Forces, or members of the Forces. The policy objective is to provide sound medical-scientific evidence that links panic disorder and death from panic disorder to relevant military service. This legislative instrument aims to ensure that veterans and other eligible individuals can receive appropriate benefits and support related to their service-connected panic disorders. The Statement of Principles defines panic disorder as a psychiatric condition characterised by recurrent unexpected panic attacks, with certain criteria such as the presence or absence of agoraphobia and the exclusion of other mental disorders. To establish a connection between panic disorder and relevant service, at least one of the specified factors must be related to the service, such as experiencing a severe stressor within two years before the clinical onset or worsening of panic disorder, or inability to obtain appropriate clinical management. This legislative instrument ensures that the necessary medical and scientific evidence is considered in determining the eligibility of veterans for benefits related to panic disorder.

Scope and Application

The Statement of Principles concerning PANIC DISORDER, Instrument No. 9 of 1999, made under section 196B(2) of the Veterans’ Entitlements Act 1986, is a legislative instrument that addresses the circumstances under which panic disorder and death from panic disorder can be related to the relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Defence Forces. This instrument revokes Instrument No. 31 of 1998 and sets out the criteria and factors that must be considered in determining if there is a reasonable hypothesis connecting panic disorder or death from panic disorder with the service of an individual. The instrument applies to all matters to which section 120A of the Act applies, and its provisions can be extended or restricted through subordinate instruments. The criteria for determining panic disorder include experiencing recurrent unexpected panic attacks, persistent concern about additional attacks, or significant behavioural changes following the attacks. The instrument specifies that certain severe stressors, such as experiencing or witnessing threats of death or serious injury, can be related to the onset or worsening of panic disorder. This instrument is essential for veterans and members of the Defence Forces seeking recognition and compensation for service-related mental health conditions.

Key Provisions

The Statement of Principles concerning Panic Disorder, Instrument No. 9 of 1999, made under section 196B(2) of the Veterans’ Entitlements Act 1986, outlines the criteria for recognising panic disorder and death from panic disorder as related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces. The primary operative sections (sections 2 and 5) define panic disorder and the factors that must be related to relevant service to establish a connection between the disorder and the service. Section 2 provides a detailed definition of panic disorder, including diagnostic criteria such as recurrent unexpected panic attacks and specific symptoms during these attacks. Section 5 lists the factors that must be related to the service to raise a reasonable hypothesis connecting panic disorder with the service, including experiencing a severe stressor within two years before the onset or worsening of the disorder, or inability to obtain appropriate clinical management. The Act imposes several obligations and requirements on the parties it governs. Firstly, it requires that at least one of the factors specified in Section 5 must be related to the relevant service for a claim to be considered. This includes documenting evidence of severe stressors experienced during service or demonstrating an inability to obtain appropriate clinical management for panic disorder. Additionally, the Act mandates that if a relevant factor includes an injury or disease for which there is an existing Statement of Principles, the criteria in that Statement must also be satisfied. Offences, penalties, or civil/criminal consequences for breach of this legislation are not explicitly stated within the provided text. However, under the Veterans’ Entitlements Act 1986, there are provisions for penalties related to false claims or misrepresentation in veterans' entitlement matters. Typically, these penalties can include fines and, in severe cases, imprisonment. The specific penalties would depend on the nature and severity of the breach, as outlined in other sections of the Act not detailed in the provided extract. For precise details on penalties, reference to the full Act or relevant legal authorities would be necessary.

Legal classification tags

Area of Law
Veterans’ Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Offence Provisions
Reporting & Disclosure Obligations
Catchwords
panic disorder

Interactions

Authorises

All Versions

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.