Statement of Principles concerning schizophrenia No. 133 of 1996

Administered by Department of Veterans' Affairs

Legislation au F2008B00596 Not in force Legislative Instrument

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Instrument No.133 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(3) 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 - 295.3 or ICD code 295.6 or 295.9.

 

Basis for determining the factors

3. On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that schizophrenia and death from schizophrenia can be related to relevant service rendered by veterans 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 exist before it can be said that, on the balance of probabilities, schizophrenia or death from schizophrenia is connected 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) or 70(5)(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) eligible war service (other than operational service); or

(b) defence service (other than hazardous service);

 

“severe psychosocial stressor” 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 Statement of Principles concerning Schizophrenia, established under the Veterans' Entitlements Act 1986, was enacted to address the issue of linking schizophrenia and deaths from schizophrenia to the relevant service rendered by veterans. This legislative instrument, numbered 133 of 1996, was determined by the Repatriation Medical Authority and aims to provide a framework for recognising the relationship between these conditions and military service. The policy objective is to ensure that veterans who have suffered from schizophrenia, or have died from it, and who meet the specified criteria, can access appropriate entitlements and support. The determination highlights the need for medical-scientific evidence to substantiate the connection between these psychiatric conditions and the circumstances of the veteran's service. The Statement of Principles outlines specific factors that must exist for a connection to be established, such as experiencing a severe psychosocial stressor, using certain substances like cannabis or cocaine, or facing difficulties in obtaining appropriate clinical management for schizophrenia. These factors are crucial for determining whether the condition was materially contributed to or aggravated by the veteran's service, thereby entitling them to relevant benefits. The detailed definitions provided, including those for "severe psychosocial stressor" and "relevant service," aim to clarify the scope and application of the principles, ensuring that the legislation serves its intended purpose effectively.

Scope and Application

The Statement of Principles concerning Schizophrenia ICD Codes: 295.1 - 295.3, 295.6, 295.9, established under the Veterans' Entitlements Act 1986, outlines the criteria for determining the connection between schizophrenia or death from schizophrenia and relevant service rendered by veterans or members of the Australian Defence Forces. This legislative instrument applies to veterans and members of the Forces who suffer from schizophrenia or die from it, focusing on the psychiatric disorder's characteristics, diagnostic criteria, and its relation to service. The determination of this Statement of Principles is made by the Repatriation Medical Authority and is based on sound medical-scientific evidence, asserting a probable link between the disorder and the service rendered. The Statement sets out specific factors that must be related to the service to establish a connection, including experiencing a severe psychosocial stressor, using cannabis or cocaine, and the inability to obtain appropriate clinical management for schizophrenia. These factors apply to material contribution or aggravation of the condition where the schizophrenia was contracted before or during the service. The geographic and jurisdictional reach of this Statement of Principles is within the Commonwealth of Australia, extending to all veterans and members of the Australian Defence Forces affected by schizophrenia. The application of this Statement of Principles may be further detailed or extended through subordinate instruments or regulations under the Act.

Key Provisions

The Statement of Principles concerning schizophrenia and death from schizophrenia, determined by the Repatriation Medical Authority under subsection 196B(3) of the Veterans' Entitlements Act 1986, outlines the specific circumstances under which veterans and members of the Armed Forces may be considered to have contracted schizophrenia or died from schizophrenia as a result of their service (section 1). The document defines schizophrenia as a psychiatric disorder with a range of cognitive and emotional dysfunctions that lead to impaired occupational or social functioning, fulfilling diagnostic criteria such as the presence of delusions, hallucinations, or grossly disorganized or catatonic behaviour, among others (section 2). It also specifies that the disorder must persist for at least six months, with continuous signs of the disturbance, and excludes other conditions such as Schizoaffective Disorder and Mood Disorder with Psychotic Features (section 2). The Repatriation Medical Authority holds that it is more probable than not that schizophrenia and death from schizophrenia can be related to relevant service rendered by veterans or members of the Forces, based on available medical-scientific evidence (section 3). The Statement of Principles imposes several obligations and requirements on the parties it governs. It mandates that for schizophrenia or death from schizophrenia to be connected with the circumstances of a person's relevant service, one or more specific factors must be related to the service. These factors include experiencing a severe psychosocial stressor within 30 days before the clinical worsening of schizophrenia, using cannabis or cocaine within specific timeframes before the clinical worsening, or an inability to obtain appropriate clinical management for schizophrenia (section 5). Furthermore, these factors only apply to material contribution to, or aggravation of, schizophrenia where the person's schizophrenia was suffered or contracted before or during their relevant service, but not arising out of that service (section 6). The document also provides definitions for terms such as 'cannabis', 'cocaine', 'DSM-IV', 'ICD code', and 'relevant service', to ensure clarity and consistency in the application of the principles (section 7). Under the Veterans' Entitlements Act 1986, breaches of the provisions set out in the Statement of Principles may lead to various civil or criminal consequences. While the legislation itself does not explicitly outline specific offences, penalties, or consequences for breach, the principles established by the Statement of Principles are integral to the assessment of claims for veterans' entitlements related to schizophrenia. A failure to comply with the criteria or provide accurate information could potentially lead to denial of entitlements, which could have significant legal and financial implications for affected veterans. The actual penalties for non-compliance would be determined by the relevant authorities in accordance with the provisions of the Act and other applicable laws.

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