Statement of Principles concerning schizophrenia No. 132 of 1996

Administered by Department of Veterans' Affairs

Legislation au F2008B00595 Not in force Legislative Instrument

Legislation content

Instrument No.132 of 1996

 

Determination

of

Statement of Principles

concerning

SCHIZOPHRENIA

ICD CODES: 295.1 - 295.3, 295.6, 295.9,

 

Veterans’ Entitlements Act 1986

 

 

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

 

Kind of injury, disease or death

2. (a) This Statement of Principles is about schizophrenia and death from schizophrenia.

 

(b) For the purposes of this Statement of Principles, schizophrenia means a psychiatric disorder characterised by a range of cognitive and emotional dysfunctions associated with impaired occupational or social functioning, and which includes disturbances of perception, inferential thinking, language and communication, behavioural monitoring, affect, fluency and productivity of thought and speech, hedonic capacity, volition and drive, and attention and which fulfils the following diagnostic criteria:

 

(A) the person has had two (or more) of the following characteristic symptoms, as defined in DSM-IV, each present for a significant portion of time during a one month period (or less, if successfully treated):

 

(i) delusions;

(ii) hallucinations;

(iii) disorganized speech (eg., frequent derailment or incoherence);

(iv) grossly disorganized or catatonic behaviour; or

(v) negative symptoms; (i.e., affective flattening, alogia, or avolition); and

 

(B) for a significant portion of the time since the onset of the disturbance, one or more major areas of functioning such as work, interpersonal relations, or self-care are markedly below the level achieved prior to the onset; and

 

(C) continuous signs of the disturbance persist for at least six months.  This six month period must include at least one month of symptoms (or less if successfully treated) that meet criterion A (ie. active-phase symptoms) and may include periods of prodromal or residual symptoms.  During these prodromal or residual periods the signs of the disturbance may be manifested by only negative symptoms or two or more symptoms listed in criterion A present in an attenuated form (eg. odd beliefs, unusual perceptual experiences); and

 

(D) Schizoaffective Disorder and Mood Disorder With Psychotic Features have been ruled out; and

 

(E) The disturbance is not due to the direct physiological effects of a substance (eg. a drug of abuse, a medication) or a general medical condition; and

 

(F) If there is a history of Autistic Disorder or other Pervasive Developmental Disorder, the additional diagnosis of Schizophrenia is made only if prominent delusions or hallucinations are also present for at least a month (or less if successfully treated),

 

attracting an ICD code in the range 295.1 to 295.3 or ICD code 295.6 or 295.9.

 

Basis for determining the factors

3. The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that schizophrenia and death from schizophrenia 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, the factors set out in at least one of the paragraphs 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 schizophrenia or death from schizophrenia with the circumstances of a person’s relevant service are:

 

(a) experiencing an event perceived as a severe psychosocial stressor within the 30 days immediately before the clinical worsening of schizophrenia; or

 

(b) using cannabis within the six months immediately before the clinical worsening of schizophrenia; or

 

(c) using cocaine within the 30 days immediately before the clinical worsening of schizophrenia; or

 

(d) inability to obtain appropriate clinical management for schizophrenia.

 

Factors that apply only to material contribution or aggravation

6. Paragraphs 5(a) to 5(d) apply only to material contribution to, or aggravation of, schizophrenia where the person’s schizophrenia 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.

 

Other definitions

7. For the purposes of this Statement of Principles:

 

“cannabis” means the dried flowering tops of hemp plants (Cannabis sativa L) which contain activa hallucinogenic principles.  The substance is usually marketed under the names marijuana, hashish, ganja or bhang;

 

“cocaine ” means a crystalline alkaloid obtained from the leaves of Erythroxylon coca (coca leaves) and other species of Erythroxylon, or by synthesis from ecgonine or its derivatives;

 

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

 

“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;

 

“relevant service” means:

 

(a) operational service; or

(b) peacekeeping service; or

(c) hazardous service;

 

“severe psychosocial stressor” means means an identifiable occurrence that evokes feelings of substantial distress in an individual, for example, being shot at, death or serious injury in a close friend or relative, assault (including sexual assault), severe illness or injury, experiencing a loss such as divorce or separation, loss of employment, major financial problems or legal problems.

 

 

 

Dated this Twenty-sixth     day of September              1996

 

 

The Common Seal of the    )

Repatriation Medical Authority   )

was affixed to this instrument  )

in the presence of    )

 

KEN DONALD

CHAIRMAN

Overview

The Veterans' Entitlements Act 1986 (VEA) was enacted to address the need for a comprehensive legislative framework governing the rights and entitlements of Australian veterans and their families. This Act was designed to provide a structured approach to the recognition and compensation of injuries, diseases, and deaths incurred by veterans due to their service, ensuring that they receive appropriate support and assistance. The VEA established the Repatriation Medical Authority (RMA), which is responsible for making determinations on statements of principles concerning various health conditions, including schizophrenia. The objective of these statements is to provide a clear basis for determining the eligibility of veterans for certain benefits and entitlements. The Statement of Principles concerning Schizophrenia, determined under subsection 196B(2) of the VEA, outlines the specific criteria for linking schizophrenia and death from schizophrenia to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces. This Statement of Principles was introduced to ensure that veterans who suffer from schizophrenia or die from the condition due to factors related to their service receive the necessary recognition and support. The determination by the RMA is based on sound medical-scientific evidence and considers factors such as experiencing a severe psychosocial stressor, substance use, and the inability to obtain appropriate clinical management. This framework aims to address the unique challenges faced by veterans with schizophrenia and facilitate the provision of appropriate benefits and services.

Scope and Application

The Statement of Principles concerning Schizophrenia under the Veterans’ Entitlements Act 1986, as determined by the Repatriation Medical Authority, applies to veterans, members of Peacekeeping Forces, and members of the Forces who have developed schizophrenia or died from schizophrenia. This legislation establishes a connection between these conditions and the relevant service rendered by the individuals, aiming to facilitate the assessment of entitlements. The scope of this legislation includes specific ICD codes ranging from 295.1 to 295.9, which classify different manifestations and severities of schizophrenia. The geographic reach of this Act is national, as it pertains to veterans across Australia. The legislation identifies factors that must be related to service, such as experiencing a severe psychosocial stressor within the 30 days immediately before the clinical worsening of schizophrenia, using cannabis or cocaine within specified timeframes before the clinical worsening, or the inability to obtain appropriate clinical management for schizophrenia. These factors are crucial in determining whether a reasonable hypothesis can be raised connecting schizophrenia or death from schizophrenia with the circumstances of a person’s relevant service. The legislation does not specify any exclusions, exemptions, or thresholds beyond those outlined in the factors related to service. Any further application or interpretation of the Act may be extended or restricted through subordinate instruments, ensuring the provision remains relevant and responsive to medical and scientific advancements.

Key Provisions

This Statement of Principles, determined under the Veterans' Entitlements Act 1986 (section 196B(2)), addresses schizophrenia and death from schizophrenia among veterans, members of Peacekeeping Forces, and members of the Forces. It defines schizophrenia as a psychiatric disorder with specific diagnostic criteria, including characteristic symptoms such as delusions, hallucinations, and disorganized behaviour (section 2(b)). The Act establishes that schizophrenia can be related to relevant service rendered by these individuals and identifies factors that must be related to their service (section 3). The Act requires that at least one of the specified factors, such as experiencing a severe psychosocial stressor or using cannabis or cocaine within certain time frames before the clinical worsening of schizophrenia, must be related to the relevant service (section 5). These factors apply to material contribution or aggravation of schizophrenia, but only if the schizophrenia was suffered or contracted before or during the relevant service (section 6). The Act also provides definitions for terms such as 'cannabis', 'cocaine', 'DSM-IV', 'ICD code', and 'relevant service' to ensure clarity and consistency in interpretation (section 7). The Veterans' Entitlements Act 1986 does not explicitly state any specific offences, penalties, or civil/criminal consequences for breaches related to this Statement of Principles. However, the determination of these principles is critical for establishing the eligibility of veterans and members of the Forces for certain entitlements and benefits related to schizophrenia, as provided for under the Act. The absence of penalties within this specific legislative instrument suggests that compliance and adherence to the outlined criteria are primarily focused on ensuring that veterans receive appropriate recognition and support for conditions related to their service.

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Area of Law
Veterans' Affairs
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Regulatory Standards
Catchwords
severe psychosocial stressor
relevant service

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