Federal Register of Legislation - Australian Government

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No. 19 of 2014 Determinations/Veterans' Entitlements as made
Amendment of Statement of Principles concerning posttraumatic stress disorder.
Administered by: Veterans' Affairs
Registered 22 Jan 2014
Tabling HistoryDate
Tabled HR11-Feb-2014
Tabled Senate11-Feb-2014
Date of repeal 28 May 2018
Repealed by Veterans' Entitlements (Repeal of Expired Amendment Statements of Principles) Determination 2018 (No. 52 of 2018)

 

Amendment Statement of Principles

concerning

 

POSTTRAUMATIC STRESS DISORDER

No. 19 of 2014

 

for the purposes of the

 

Veterans’ Entitlements Act 1986

and

Military Rehabilitation and Compensation Act 2004

1.                     This Instrument may be cited as Amendment Statement of Principles concerning posttraumatic stress disorder No. 19 of 2014.

2.                     In accordance with the Specialist Medical Review Council Declaration No. 23 of 19 December 2013 under subsection 196W(4) of the Veterans’ Entitlements Act 1986 (the VEA), the Repatriation Medical Authority amends, pursuant to subsection 196B(10) of the VEA, Statement of Principles concerning posttraumatic stress disorder Instrument No. 5 of 2008, by:

A.            Inserting additional factor "(ba)" immediately following factor "(b)" in clause 6 as follows:

"(ba)    having a perception of threat and/or harm to the integrity of the self as a consequence of being in what:

(i)           the individual concerned; and

(ii)         a reasonable person in the circumstances of that individual would have;

considered to be any or all of a threatening, hostile, hazardous and/or menacing situation and/or environment before the clinical onset of posttraumatic stress disorder; or";


 

B.            Inserting additional factor "(da)" immediately following factor "(d)" in clause 6 as follows:

"(da)    having a perception of threat and/or harm to the integrity of:

(i)            a significant other; and/or

(ii)          other persons known to the individual or with whom the individual concerned has had contact in the discharge of that individual's duties and/or responsibilities;

as a consequence of the individual concerned and the persons in (i) and/or (ii) being in the same or similar circumstances as the individual concerned which:

(iii)        the individual concerned; and

(iv)        a reasonable person in the circumstances of that individual would have;

considered to be any or all of a threatening, hostile, hazardous and/or menacing situation and/or environment but excluding a perception engendered from viewing or listening to mass media (unless such viewing or listening is part of that individual's duties and/or responsibilities) before the clinical onset of posttraumatic stress disorder; or";

C.            Inserting additional factor "(fa)" immediately following factor "(f)" in clause 6 as follows:

"(fa)     having a perception of threat and/or harm to the integrity of the self as a consequence of being in what:

(i)           the individual concerned; and

(ii)         a reasonable person in the circumstances of that individual would have;

considered to be any or all of a threatening, hostile, hazardous and/or menacing situation and/or environment before the clinical worsening of posttraumatic stress disorder; or"; and

D.            Inserting additional factor "(ha)" immediately following factor "(h)" in clause 6 as follows:

"(ha)    having a perception of threat and/or harm to the integrity of:

(i)           a significant other; and/or

(ii)         other persons known to the individual or with whom the individual concerned has had contact in the discharge of that individual's duties and/or responsibilities;

as a consequence of the individual concerned and the persons in (i) and/or (ii) being in the same or similar circumstances as the individual concerned which:

(iii)       the individual concerned; and

(iv)       a reasonable person in the circumstances of that individual would have;

considered to be any or all of a threatening, hostile, hazardous and/or menacing situation and/or environment but excluding a perception engendered from viewing or listening to mass media (unless such viewing or listening is part of that individual's duties and/or responsibilities) before the clinical worsening of posttraumatic stress disorder; or".

3.                     The amendments made by this instrument apply to all matters to which Instrument No. 5 of 2008, section 120A of the Veterans’ Entitlements Act 1986 and section 338 of the Military Rehabilitation and Compensation Act 2004 apply.

4.                     The amendments made by this instrument take effect from 19 December 2013.

Dated this   fifteenth   day of   January   2014

The Common Seal of the                    )

Repatriation Medical Authority          )

was affixed at the direction of:          )

PROFESSOR NICHOLAS SAUNDERS AO

CHAIRPERSON