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Guide 1 - Psychological & psychiatric disorder (Schedule 1, Clause 5) The Victims Services website has moved.
Please select this link to access the new site, or wait to be re-directed in 5 seconds. Psychological or psychiatric disorder Category 1 and Category 2 was added to the Table of Compensable Injuries on 7 April 1999 as a result of the Victims Compensation Amendment Act 1998. At the same time the compensable injury of Shock was removed from the Table. It should be noted that each Category of the new compensable injury requires the disorder to be disabling, either moderately (Category 1) or severely (Category 2). The applicant must establish a recognised disorder which is chronic and either moderately or severely disabling. “Chronic” does not have the technical meaning ascribed by DSM IV but rather has its normal meaning of a disorder persisting for a lengthy period of time. The disorder must be moderately or severely disabling that is the disorder must have impacted on key areas of functioning to a moderate or a severe degree. In a second reading speech for the Victims Compensation Amendment Bill 1998 (Hansard 22/10/98) The Hon R.D.Dyer said that the 1998 amendments provide for replacement of shock with a new category of psychological injury:
What is “disabling” or what is a disability is not defined in the Act. It would seem that a psychological or psychiatric disorder is disabling when it results in some material impairment in an important area of day to day functioning or in the Minister’s words, when it “results in severe impairment of the person’s ability to function in their usual day to day activities”. The fact that a disorder results in adverse symptoms impacting on an applicant’s life does not necessarily mean that the disorder is “disabling” within the meaning of the Act. Applicants seeking to establish the compensable injury of psychological or psychiatric disorder must submit a written assessment from an Authorised Report Writer (clause 5 of Schedule 1). Note: In respect of applications lodged on or after 31 May 2000, the compensable injury of psychological or psychiatric disorder category 1 will only apply in relation to an act of violence where one of the following offences is involved: (a) armed robbery (b) abduction (c) kidnapping Cec Brahe Chairperson, Victims Compensation Tribunal 25 July 2000 |
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