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
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Professor Nicholas Saunders AO Chairperson
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Contents
2 Commencement
3 Authority
4 Schedule
Schedule 1 — Amendments
Part 1—Amendments of clause 9 of certain Statements of Principles
Part 2—Amendments of clause 1 of Schedule 1 to certain Statements of Principles
Part 3—Amendments of clause 1 of Schedule 1 to certain Statements of Principles
1 Name
This instrument is the Veterans' Entitlements (Statements of Principles—Category 1B Stressor) Amendment Determination 2018 (No. 87 of 2018).
This instrument commences on 24 September 2018.
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Each instrument that is specified in Parts 1, 2 or 3 of the Schedule to this instrument is amended or repealed as set out in the applicable items in the Part concerned, and any other item in Parts 1, 2 or 3 of the Schedule to this instrument has effect according to its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.
Part 1—Amendments of clause 9 of certain Statements of Principles
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:
Part 2—Amendments of clause 1 of Schedule 1 to certain Statements of Principles
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
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 |