Statement of Principles concerning personality disorder No. 143 of 1995

Administered by Department of Veterans' Affairs

Legislation au F2008B00312 Not in force Legislative Instrument

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Statement of Principles

concerning

PERSONALITY DISORDER

Instrument No. 143 of 1995 as amended

made under section 196B(2) of the

Veterans’ Entitlements Act 1986

This compilation was prepared on 7 August 2008 taking into account Amendment of Statement of Principles concerning personality disorder (Instrument No. 13 of 1997)

Prepared by the Repatriation Medical Authority Secretariat, Brisbane.


Statement of Principles

concerning

PERSONALITY DISORDER

ICD CODE: 301.0, 301.10, 301.11, 301.12, 301.2 – 301.9

Veterans’ Entitlements Act 1986
subsection 196B(2)

1. Being of the view that there is sound medical-scientific evidence that indicates that personality disorder and death from personality disorder can be related to operational service rendered by veterans, peacekeeping service rendered by members of Peacekeeping forces and hazardous service rendered by members of the Forces, the Repatriation Medical Authority determines, under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the Act), that the factors that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting personality disorder or death from personality disorder with the circumstances of that service, are:

 

(a) suffering a catastrophic experience that immediately preceded an enduring personality change to the level of disorder; or

 

(b) inability to obtain appropriate clinical management for personality disorder.

 

2. Subject to clause 3 (below) at least one of the factors set out in paragraphs 1(a) to 1(b) must be related to any service rendered by a person.

 

3. The factor set out in paragraph 1(b) applies only where:

 

(a) the person’s personality disorder developed before a period, or part of a period, of service to which the factor is related; and

 

(b) the relationship suggested between the personality disorder and the particular service of a person is a relationship set out in paragraph 8(1)(e), 9(1)(e), 70(5)(d), or 70(5A)(d) of the Act.

 

4. For the purposes of this Statement of Principles:

 

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

 

“enduring personality change” means a psychiatric condition that is present for at least two years immediately following exposure to catastrophic stress; where

 

(a) the catastrophic stress must be so extreme that it is not necessary to consider personal vulnerability in order to explain its profound effect on the personality; and

 

(b) the personality change is characterised by a hostile or distrustful attitude towards the world, social withdrawal, feelings of emptiness or hopelessness, a chronic feeling of “being on edge” as if constantly threatened, and estrangement;

 

Note:  Post-traumatic stress disorder may precede this type of personality change.

 

'ICD 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;

 

 

‘personality disorder’ means a psychiatric condition, attracting ICD code 301.0, 301.10, 301.11, 301.12 or a code in the range 301.2 to 301.9, derived from DSM-IV, meeting the following criteria,

 

(a) an enduring pattern of inner experience and behaviour that deviates markedly from the expectations of the individual's culture, manifested in at least two of the following areas:

 

(i) cognition (ie. ways of perceiving and interpreting self, other people and events);

(ii) affectivity (ie. the range, intensity, lability, and appropriateness of emotional response);

(iii) interpersonal functioning;

(iv) impulse control; and

 

(b) the enduring pattern is inflexible and operative across a broad range of personal and social situations; and

 

(c) the enduring pattern leads to clinically significant distress or impairment in social, occupational, or other important areas eg. functioning; and

 

(d) the pattern is stable and of long duration and its onset can be traced back at least to adolescence or early adulthood; and

 

(e) the enduring pattern is not better accounted for as a manifestation or consequence of another mental disorder; and

 

(f) the enduring pattern is not due to the direct physiological effects of a substance (eg. a drug of abuse, a medication) or a general medical condition (eg. head trauma), and may be identified as any of the following:

 

(i) paranoid personality disorder attracting ICD code 301.0;

(ii) schizoid personality disorder attracting ICD code 301.2;

(iii) schizo typal personality disorder attracting ICD code 301.22;

(iv) antisocial personality disorder attracting ICD code 301.7;

(v) borderline personality disorder attracting ICD code 301.83;

(vi) histrionic personality disorder attracting ICD code 301.50;

(vii) narcissistic personality disorder attracting ICD code 301.81;

(viii) avoidant personality disorder attracting ICD code 301.82;

(ix) dependent personality disorder attracting ICD code 301.6;

 

(x) obsessive-compulsive personality disorder attracting ICD code 301.4;

(xi) personality disorder not otherwise specified attracting ICD code 301.9.

 

Note: The above criteria are derived from DSM-IV.”.

 


Notes to Statement of Principles concerning personality disorder (Instrument No. 143 of 1995)

The Statement of Principles concerning personality disorder (Instrument No. 143 of 1995) 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 personality disorder (Instrument No. 143 of 1995)

26 April 1995

(see Gazette 1995, No. GN16)

26 April 1995

 

Amendment of Statement of Principles concerning personality disorder (Instrument No. 13 of 1997)

29 January 1997

(see Gazette 1997, No. GN4)

29 January 1997

 


Table of Amendments

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

Provision affected

How affected

Heading of Instrument – ‘ICD CODE: 301’

am. Instrument No. 13 of 1997

Paragraph 4 – “‘ICD code”’ means a number assigned ………….’

rs. Instrument  No.13 of 1997

Paragraph 4 – ‘personality disorder’ means a psychiatric condition….’

rs. Instrument  No.13 of 1997

 

Overview

The Statement of Principles concerning Personality Disorder, Instrument No. 143 of 1995, was enacted under subsection 196B(2) of the Veterans’ Entitlements Act 1986. This legislative instrument was introduced to address the gap in recognising the connection between personality disorder and the operational, peacekeeping, or hazardous service rendered by veterans. The Repatriation Medical Authority, acting under the authority of the Act, established these principles to ensure that there is sound medical-scientific evidence supporting the relationship between such service and the onset of personality disorder. The overarching policy objective is to provide a framework that allows veterans to claim entitlements based on the development or exacerbation of personality disorders due to their service. The principles set out the minimum factors required to establish a connection between personality disorder and the service in question, such as suffering a catastrophic experience or inability to obtain appropriate clinical management.

Scope and Application

The Statement of Principles concerning Personality Disorder is a legislative instrument made under section 196B(2) of the Veterans' Entitlements Act 1986. It applies to veterans, members of peacekeeping forces, and members of the Australian Defence Force who have served in hazardous conditions and who suffer from, or die from, a personality disorder. The Statement of Principles sets out the conditions that must be met for a reasonable hypothesis to be raised connecting the disorder to the service rendered. The principles apply to all Commonwealth jurisdictions in Australia and are not restricted by state or territory boundaries. The Act provides for subordinate instruments to extend or restrict application, however, no such instruments are mentioned in the Statement of Principles. The legislation excludes cases where the disorder is due to the direct physiological effects of a substance or a general medical condition. The application of the Act is further clarified by amendments made to the Statement of Principles in 1997.

Key Provisions

The Statement of Principles concerning Personality Disorder (Instrument No. 143 of 1995) as amended, made under section 196B(2) of the Veterans’ Entitlements Act 1986, outlines the criteria necessary for veterans, peacekeeping forces members, and hazardous service members to establish a connection between their service and personality disorder or death from personality disorder. The primary operative sections of this instrument include the identification of specific factors that must exist to support such a connection (Section 1), and the circumstances under which these factors must be related to the service (Section 2). Specifically, Section 1(a) requires that there must be a catastrophic experience immediately preceding an enduring personality change to the level of disorder, while Section 1(b) pertains to the inability to obtain appropriate clinical management for personality disorder. Section 3 further specifies that the inability to obtain clinical management applies only when the personality disorder developed before the service and is related to the service in a way set out in specific subsections of the Act. The obligations imposed by this instrument include the requirement for claimants to provide evidence that supports the existence of at least one of the factors outlined in Section 1, and that this factor is related to their service as stipulated in Section 2. The claimants must also demonstrate that the personality disorder meets the criteria outlined in Section 4, which include an enduring pattern of inner experience and behaviour that deviates markedly from cultural expectations, leading to clinically significant distress or impairment in social, occupational, or other important areas of functioning. The instrument further specifies that the disorder must not be better accounted for by another mental disorder, a substance, or a general medical condition. Breach of the requirements set out in this Statement of Principles can have legal consequences. While the Statement of Principles itself does not explicitly list offences, penalties, or civil/criminal consequences for breach, failure to comply with the conditions under the Veterans’ Entitlements Act 1986 could lead to denial of benefits. Additionally, fraudulent claims or providing false information could result in criminal charges under Australian law, which may include fines and imprisonment, depending on the severity of the offence. The exact penalties for such offences would be determined in the context of the broader legislative framework governing veterans' entitlements and administrative law.

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