Federal Register of Legislation - Australian Government

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No. 87 of 2018 Determinations/Veterans' Entitlements as made
This determination amends various Statements of Principles to ensure they each contain consistent definitions of the terms "category 1B stressor", "eyewitness" and "corpse".
Administered by: Veterans' Affairs
Registered 28 Aug 2018
Tabling HistoryDate
Tabled HR10-Sep-2018
Tabled Senate10-Sep-2018
Date of repeal 25 Sep 2018
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Table of contents.

RMA-Red

 

Veterans' Entitlements (Statements of Principles—Category 1B Stressor) Amendment Determination 2018

(No. 87 of 2018)

The Repatriation Medical Authority makes the following determination.

 

Dated      24 August 2018

 

 

 

 

 

The Common Seal of the
Repatriation Medical Authority
was affixed to this instrument
at the direction of:

 

 

Professor Nicholas Saunders AO

Chairperson

 

  

Contents

1          Name........................................................................................................................................... 3

2          Commencement........................................................................................................................ 3

3          Authority..................................................................................................................................... 3

4          Schedule...................................................................................................................................... 3

Schedule 1 — Amendments....................................................................................... 4

Part 1—Amendments of clause 9 of certain Statements of Principles........................................ 4

Part 2—Amendments of clause 1 of Schedule 1 to certain Statements of Principles............... 6

Part 3—Amendments of clause 1 of Schedule 1 to certain Statements of Principles............... 8

 

 


 

1               Name

This instrument is the Veterans' Entitlements (Statements of Principles—Category 1B Stressor) Amendment Determination 2018 (No. 87 of 2018).

2               Commencement

This instrument commences on 24 September 2018.

3               Authority

This instrument is made under section 196B of the Veterans' Entitlements Act 1986.

4               Schedule

Each instrument that is specified in Parts 1, 2 or 3 of the Schedule to this instrument is amended or repealed as set out in the applicable items in the Part concerned, and any other item in Parts 1, 2 or 3 of the Schedule to this instrument has effect according to its terms.


Schedule 1 — Amendments 

Part 1—Amendments of clause 9 of certain Statements of Principles

1.        Amendments of definitions

In clause 9 of the Statements of Principles to be amended as listed in paragraph 2 of this Part:

(a) Omit the definition of "a category 1B stressor" and substitute the following:

"a category 1B stressor" means one of the following severe traumatic events:

(a)     killing or maiming a person;

(b)     being an eyewitness to a person being killed or critically injured;

(c)     being an eyewitness to atrocities inflicted on another person;

(d)     participating in the clearance of a corpse or a critically injured casualty; or

(e)     viewing a corpse or a critically injured casualty as an eyewitness;

(b) Omit the definition of "an eyewitness" and substitute the following:

"an eyewitness" means a person who experiences an incident first-hand and can give direct evidence of it.  This excludes persons exposed only to public broadcasting or mass media coverage of the incident;

(c) Insert the following definition of "a corpse" in alphabetical order:

"a corpse" means the human remains or body parts of one or more persons who have met a violent or horrific death; 

Note:  Examples of a violent or horrific death may include death due to suicide, gunshot, improvised explosive devices, natural and technological disasters, terrorist attacks or motor vehicle accidents.  Seeing a closed body bag or viewing a body in an open-casket coffin is excluded from this definition.

2.        Statements of Principles to be amended:

Name of Statement of Principles

Federal Register of Legislation No.

Statement of Principles concerning acute stress disorder No. 41 of 2014

F2014L00469

Statement of Principles concerning acute stress disorder No. 42 of 2014

F2014L00470

Statement of Principles concerning anxiety disorder No. 102 of 2014, as amended

F2016C00973

Statement of Principles concerning anxiety disorder No. 103 of 2014, as amended

F2016C00974

Statement of Principles concerning cerebrovascular accident No. 65 of 2015, as amended

F2017C00874

Statement of Principles concerning chronic multisymptom illness No. 55 of 2014

F2014L00524

Statement of Principles concerning gastric ulcer and duodenal ulcer No. 61 of 2015, as amended

F2017C00762

Statement of Principles concerning gingivitis No. 45 of 2013

F2013L01121

Statement of Principles concerning gingivitis No. 46 of 2013

F2013L01124

Statement of Principles concerning inflammatory bowel disease No. 19 of 2012

F2012L00449

Statement of Principles concerning multiple sclerosis No. 100 of 2011, as amended

F2017C00837

Statement of Principles concerning multiple sclerosis No. 101 of 2011

F2011L01738

Statement of Principles concerning posttraumatic stress disorder No. 82 of 2014

F2014L01144

Statement of Principles concerning posttraumatic stress disorder No. 83 of 2014

F2014L01145

Statement of Principles concerning psoriasis No. 31 of 2012

F2012L00938


 

Part 2—Amendments of clause 1 of Schedule 1 to certain Statements of Principles

1.        Amendments of definitions

In clause 1 of Schedule 1 to the Statements of Principles to be amended as listed in paragraph 2 of this Part:

(a) Omit the definition of category 1B stressor and substitute the following:

category 1B stressor means one of the following severe traumatic events:

(a)     killing or maiming a person;

(b)     being an eyewitness to a person being killed or critically injured;

(c)     being an eyewitness to atrocities inflicted on another person;

(d)     participating in the clearance of a corpse or a critically injured casualty; or

(e)     viewing a corpse or a critically injured casualty as an eyewitness.

Note: eyewitness and corpse are also defined in the Schedule 1 - Dictionary.

(b) Omit the definition of eyewitness and substitute the following:

eyewitness means a person who experiences an incident first-hand and can give direct evidence of it.  This excludes persons exposed only to public broadcasting or mass media coverage of the incident.

(c) Insert the following definition of corpse in alphabetical order:

corpse means the human remains or body parts of one or more persons who have met a violent or horrific death. 

Note:  Examples of a violent or horrific death may include death due to suicide, gunshot, improvised explosive devices, natural and technological disasters, terrorist attacks or motor vehicle accidents.  Seeing a closed body bag or viewing a body in an open-casket coffin is excluded from this definition.

2.        Statements of Principles to be amended:

Name of Statement of Principles

Federal Register of Legislation No.

Statement of Principles concerning adjustment disorder (Reasonable Hypothesis) (No. 23 of 2016)

F2016L00269

Statement of Principles concerning adjustment disorder (Balance of Probabilities) (No. 24 of 2016)

F2016L00270

Statement of Principles concerning cardiomyopathy (No. 85 of 2015), as amended

F2017C00845

Statement of Principles concerning cardiomyopathy (No. 86 of 2015), as amended

F2017C00844

Statement of Principles concerning depressive disorder (No. 83 of 2015), as amended

F2016C00271

Statement of Principles concerning depressive disorder (No. 84 of 2015), as amended

F2016C00273

Statement of Principles concerning eating disorder (Reasonable Hypothesis) (No. 13 of 2016)

F2016L00261

Statement of Principles concerning eating disorder (Balance of Probabilities) (No. 14 of 2016)

F2016L00264

Statement of Principles concerning female sexual dysfunction (Reasonable Hypothesis) (No. 95 of 2016)

F2016L01677

Statement of Principles concerning female sexual dysfunction (Balance of Probabilities) (No. 96 of 2016)

F2016L01684

Statement of Principles concerning ischaemic heart disease (Reasonable Hypothesis) (No. 1 of 2016), as amended

F2017C00851

Statement of Principles concerning ischaemic heart disease (Balance of Probabilities) (No. 2 of 2016), as amended

F2017C00852

Statement of Principles concerning schizophrenia (Reasonable Hypothesis) (No. 83 of 2016)

F2016L01682

Statement of Principles concerning schizophrenia (Balance of Probabilities) (No. 84 of 2016)

F2016L01685

Statement of Principles concerning suicide and attempted suicide (Reasonable Hypothesis) (No. 65 of 2016), as amended

F2018C00189

Statement of Principles concerning suicide and attempted suicide (Balance of Probabilities) (No. 66 of 2016), as amended

F2018C00152

 


 

 

Part 3—Amendments of clause 1 of Schedule 1 to certain Statements of Principles

1.      Amendments of definitions

In clause 1 of Schedule 1 to the Statements of Principles to be amended as listed in paragraph 2 of this Part:

(a) Omit the definition of category 1B stressor and substitute the following:

category 1B stressor means one of the following severe traumatic events:

(a)     killing or maiming a person;

(b)     being an eyewitness to a person being killed or critically injured;

(c)     being an eyewitness to atrocities inflicted on another person;

(d)     participating in the clearance of a corpse or a critically injured casualty; or

(e)     viewing a corpse or a critically injured casualty as an eyewitness.

Note: eyewitness and corpse are also defined in the Schedule 1 - Dictionary.

(b) Insert the following definition of corpse in alphabetical order:

corpse means the human remains or body parts of one or more persons who have met a violent or horrific death. 

Note:  Examples of a violent or horrific death may include death due to suicide, gunshot, improvised explosive devices, natural and technological disasters, terrorist attacks or motor vehicle accidents.  Seeing a closed body bag or viewing a body in an open-casket coffin is excluded from this definition.

2.      Statements of Principles to be amended:

Name of Statement of Principles

Federal Register of Legislation No.

Statement of Principles concerning alcohol use disorder (Reasonable Hypothesis) (No. 48 of 2017)

F2017L01045

Statement of Principles concerning alcohol use disorder (Balance of Probabilities) (No. 49 of 2017)

F2017L01046

Statement of Principles concerning personality disorder (Reasonable Hypothesis) (No. 17 of 2018)

F2018L00205

Statement of Principles concerning personality disorder (Balance of Probabilities) (No. 18 of 2018)

F2018L00208

Statement of Principles concerning substance use disorder (Reasonable Hypothesis) (No. 59 of 2017)

F2017L01444

Statement of Principles concerning substance use disorder (Balance of Probabilities) (No. 60 of 2017)

F2017L01445