Statement of Principles concerning depressive disorder (Reasonable Hypothesis) (No. 11 of 2024) (Cth)

Statement of Principles concerning DEPRESSIVE DISORDER (Reasonable Hypothesis) (No. 11 of 2024) The Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(2) of the Veterans' Entitlements Act 1986.

Dated 22 December 2023.

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

Professor Terence Campbell AM Chairperson

Contents 1 Name 2 Commencement 3 Authority 4 Repeal 5 Application 6 Definitions 7 Kind of injury, disease or death to which this Statement of Principles relates 8 Basis for determining the factors 9 Factors that must exist 10 Relationship to service 11 Factors referring to an injury or disease covered by another Statement of Principles Schedule 1 - Dictionary 1 Definitions

1 Name This is the Statement of Principles concerning depressive disorder (Reasonable Hypothesis) (No. 11 of 2024). 2 Commencement This instrument commences on 22 January 2024. 3 Authority This instrument is made under subsection 196B(2) of the Veterans' Entitlements Act 1986. 4 Repeal The Statement of Principles concerning depressive disorder No. 83 of 2015 (Federal Register of Legislation No. F2015L00915) made under subsections 196B(2) and (8) of the VEA is repealed. 5 Application This instrument applies to a claim to which section 120A of the VEA or section 338 of the Military Rehabilitation and Compensation Act 2004 applies. 6 Definitions The terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument. 7 Kind of injury, disease or death to which this Statement of Principles relates (1) This Statement of Principles is about depressive disorder and death from depressive disorder. Meaning of depressive disorder (2) For the purposes of this Statement of Principles, depressive disorder means: (a) major depressive disorder; or (b) major depressive episode; or (c) persistent depressive disorder (including dysthymia); or (d) depressive disorder due to another medical condition; or (e) substance/medication-induced depressive disorder; or (f) premenstrual dysphoric disorder; or (g) other specified depressive disorder or unspecified depressive disorder; where: (3) major depressive disorder meets the following criteria (derived from DSM-5-TR): (a) Five (or more) of the following symptoms have been present during the same 2-week period and represent a change from previous functioning; at least one of the symptoms is either depressed mood or loss of interest or pleasure. (i) Depressed mood most of the day, nearly every day, as indicated by either subjective report (e.g., feels sad, empty, hopeless) or observation made by others (e.g., appears tearful). Note: In children and adolescents, can be irritable mood. (ii) Markedly diminished interest or pleasure in all, or almost all, activities most of the day, nearly every day (as indicated by either subjective account or observation). (iii) Significant weight loss when not dieting or weight gain (e.g., a change of more than 5% of body weight in a month), or decrease or increase in appetite nearly every day. (iv) Insomnia or hypersomnia nearly every day. (v) Psychomotor agitation or retardation nearly every day (observable by others, not merely subjective feelings of restlessness or being slowed down). (vi) Fatigue or loss of energy nearly every day. (vii) Feelings of worthlessness or excessive or inappropriate guilt (which may be delusional) nearly every day (not merely self-reproach or guilt about being sick). (viii) Diminished ability to think or concentrate, or indecisiveness, nearly every day (either by subjective account or as observed by others). (ix) Recurrent thoughts of death (not just fear of dying); recurrent suicidal ideation without a specific plan; a specific suicide plan; or a suicide attempt. (b) The symptoms cause clinically significant distress or impairment in social, occupational, or other important areas of functioning. (c) The episode is not attributable to the physiological effects of a substance or another medical condition. (d) At least one major depressive episode is not better explained by schizoaffective disorder and is not superimposed on schizophrenia, schizophreniform disorder, delusional disorder, or other specified and unspecified schizophrenia spectrum and other psychotic disorders. (e) There has never been a manic episode or a hypomanic episode. Note: This exclusion does not apply if all of the manic-like or hypomanic-like episodes are substance-induced or are attributable to the physiological effects of another medical condition. (4) major depressive episode meets the following criteria (derived from DSM-5-TR): (a) Five (or more) of the following symptoms have been present during the same 2-week period and represent a change from previous functioning; at least one of the symptoms is either depressed mood or loss of interest or pleasure. (i) Depressed mood most of the day, nearly every day, as indicated by either subjective report (e.g., feels sad, empty, hopeless) or observation made by others (e.g., appears tearful). Note: In children and adolescents, can be irritable mood. (ii) Markedly diminished interest or pleasure in all, or almost all, activities most of the day, nearly every day (as indicated by either subjective account or observation). (iii) Significant weight loss when not dieting or weight gain (e.g., a change of more than 5% of body weight in a month), or decrease or increase in appetite nearly every day. (iv) Insomnia or hypersomnia nearly every day. (v) Psychomotor agitation or retardation nearly every day (observable by others, not merely subjective feelings of restlessness or being slowed down). (vi) Fatigue or loss of energy nearly every day. (vii) Feelings of worthlessness or excessive or inappropriate guilt (which may be delusional) nearly every day (not merely self-reproach or guilt about being sick). (viii) Diminished ability to think or concentrate, or indecisiveness, nearly every day (either by subjective account or as observed by others). (ix) Recurrent thoughts of death (not just fear of dying); recurrent suicidal ideation without a specific plan; a specific suicide plan; or a suicide attempt. (b) The symptoms cause clinically significant distress or impairment in social, occupational, or other important areas of functioning. (c) The episode is not attributable to the physiological effects of a substance or another medical condition. (5) persistent depressive disorder (dysthymia) meets the following criteria (derived from DSM-5-TR): (a) Depressed mood for most of the day, for more days than not, as indicated by either subjective account or observation by others, for at least 2 years. Note: In children and adolescents, mood can be irritable and duration must be at least 1 year. (b) Presence, while depressed, of two (or more) of the following: (i) Poor appetite or overeating. (ii) Insomnia or hypersomnia. (iii) Low energy or fatigue. (iv) Low self-esteem. (v) Poor concentration or difficulty making decisions. (vi) Feelings of hopelessness. (c) During the 2-year period (1 year for children or adolescents) of the disturbance, the individual has never been without the symptoms in Criteria (a) and (b) for more than 2 months at a time. (d) Criteria for a major depressive disorder may be continuously present for 2 years. (e) There has never been a manic episode or a hypomanic episode. (f) The disturbance is not better explained by a persistent schizoaffective disorder, schizophrenia, delusional disorder, or other specified or unspecified schizophrenia spectrum and other psychotic disorder. (g) The symptoms are not attributable to the physiological effects of a substance (e.g., a drug of abuse, a medication) or another medical condition (e.g., hypothyroidism). (h) The symptoms cause clinically significant distress or impairment in social, occupational, or other important areas of functioning. (6) depressive disorder due to another medical condition meets the following criteria (derived from DSM-5-TR): (a) A prominent and persistent disturbance in mood that predominates in the clinical picture and is characterized by depressed mood or markedly diminished interest or pleasure in all, or almost all, activities. (b) There is evidence from the history, physical examination, or laboratory findings that the disturbance is the direct pathophysiological consequence of another medical condition. (c) The disturbance is not better explained by another mental disorder (e.g., adjustment disorder, with depressed mood, in which the stressor is a serious medical condition). (d) The disturbance does not occur exclusively during the course of a delirium. (e) The disturbance causes clinically significant distress or impairment in social, occupational or other important areas of functioning. (7) substance/medication-induced depressive disorder meets the following criteria (derived from DSM-5-TR): (a) A prominent and persistent disturbance in mood that predominates in the clinical picture and is characterised by depressed mood or markedly diminished interest or pleasure in all, or almost all, activities. (b) There is evidence from the history, physical examination, or laboratory findings of both (i) and (ii): (i) The symptoms in Criterion (a) developed during or soon after substance intoxication or withdrawal or after exposure to or withdrawal from a medication. (ii) The involved substance/medication is capable of producing the symptoms in Criterion (a). (c) The disturbance is not better explained by a depressive disorder that is not substance/medication-induced. Such evidence of an independent depressive disorder could include the following: (i) the symptoms preceded the onset of the substance/medication use; (ii) the symptoms persist for a substantial period of time (e.g., about 1 month) after the cessation of acute withdrawal or severe intoxication; or (iii) there is other evidence suggesting the existence of an independent non-substance/medication-induced depressive disorder (e.g., a history of recurrent non-substance/medication-related episodes). (d) The disturbance does not occur exclusively during the course of a delirium. (e) The disturbance causes clinically significant distress or impairment in social, occupational, or other important areas of functioning. (8) premenstrual dysphoric disorder meets the following criteria (derived from DSM-5-TR): (a) In the majority of menstrual cycles, at least 5 symptoms must be present in the final week before the onset of menses, start to improve within a few days after the onset of menses, and become minimal or absent in the week postmenses. (b) One (or more) of the following symptoms must be present: (i) Marked affective lability (e.g., mood swings; feeling suddenly sad or tearful, or increased sensitivity to rejection). (ii) Marked irritability or anger or increased interpersonal conflicts. (iii) Marked depressed mood, feelings of hopelessness, or self-deprecating thoughts. (iv) Marked anxiety, tension, and/or feelings of being keyed up or on edge. (c) One (or more) of the following symptoms must additionally be present, to reach a total of 5 symptoms when combined with symptoms from Criterion (b) above. (i) Decreased interest in usual activities (e.g., work, school, friends, hobbies). (ii) Subjective difficulty in concentration. (iii) Lethargy, easy fatigability, or marked lack of energy. (iv) Marked change in appetite; overeating; or specific food cravings. (v) Hypersomnia or insomnia. (vi) A sense of being overwhelmed or out of control. (vii) Physical symptoms such as breast tenderness or swelling, joint or muscle pain, a sensation of "bloating," or weight gain. Note: The symptoms in Criteria a–c must have been met for most menstrual cycles that occurred in the preceding year. (d) The symptoms cause clinically significant distress or interference with work, school, usual social activities, or relationships with others (e.g., avoidance of social activities; decreased productivity and efficiency at work, school, or home). (e) The disturbance is not merely an exacerbation of the symptoms of another disorder, such as major depressive disorder, panic disorder, persistent depressive disorder, or a personality disorder (although it may co-occur with any of these disorders). (f) Criterion (a) should be confirmed by prospective daily ratings during at least two symptomatic cycles. (g) The symptoms are not attributable to the physiological effects of a substance (e.g., a drug of abuse, a medication, other treatment) or another medical condition (e.g., hyperthyroidism). (9) other specified depressive disorder and unspecified depressive disorder have prominent symptoms of depression that cause clinically significant distress or impairment in social, occupational or other important areas of functioning, however, these depressive symptoms do not meet the full criteria for any of the other depressive disorders (derived from DSM-5-TR). (10) Depressive disorder excludes disruptive mood dysregulation disorder and unspecified mood disorder. Note: DSM-5-TR is defined in the Schedule 1 – Dictionary. Death from depressive disorder (11) For the purposes of this Statement of Principles, depressive disorder, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's depressive disorder. Note: terminal event is defined in the Schedule 1 – Dictionary. 8 Basis for determining the factors The Repatriation Medical Authority is of the view that there is sound medical‑scientific evidence that indicates that depressive disorder and death from depressive disorder can be related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces under the VEA, or members under the MRCA. Note: MRCA, relevant service and VEA are defined in the Schedule 1 – Dictionary. 9 Factors that must exist At least one of the following factors must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting depressive disorder or death from depressive disorder with the circumstances of a person's relevant service: (1) being a prisoner of war before the clinical onset of major depressive disorder, major depressive episode, persistent depressive disorder or premenstrual dysphoric disorder; (2) experiencing a category 1A stressor within the 5 years before the clinical onset of major depressive disorder, major depressive episode, persistent depressive disorder or premenstrual dysphoric disorder; Note: category 1A stressor is defined in the Schedule 1 – Dictionary. (3) experiencing a category 1B stressor within the 5 years before the clinical onset of major depressive disorder, major depressive episode, persistent depressive disorder or premenstrual dysphoric disorder; Note: category 1B stressor is defined in the Schedule 1 – Dictionary. (4) experiencing severe childhood abuse before the clinical onset of major depressive disorder, major depressive episode, persistent depressive disorder or premenstrual dysphoric disorder; Note: severe childhood abuse is defined in the Schedule 1 – Dictionary. (5) experiencing a potentially morally injurious event within the 5 years before the clinical onset of major depressive disorder, major depressive episode, persistent depressive disorder or premenstrual dysphoric disorder; Note: potentially morally injurious event is defined in the Schedule 1 – Dictionary. (6) having a family member or close friend who experiences a category 1A stressor within the 2 years before the clinical onset of major depressive disorder, major depressive episode, persistent depressive disorder or premenstrual dysphoric disorder; Note: category 1A stressor is defined in the Schedule 1 - Dictionary. (7) experiencing the death of a family member or close friend within the 5 years before the clinical onset of major depressive disorder, major depressive episode, persistent depressive disorder or premenstrual dysphoric disorder; (8) experiencing miscarriage, fetal death in utero or stillbirth as a parent, within the 6 months before the clinical onset of major depressive disorder, major depressive episode, persistent depressive disorder or premenstrual dysphoric disorder; (9) experiencing a category 2 stressor within the one year before the clinical onset of major depressive disorder, major depressive episode, persistent depressive disorder or premenstrual dysphoric disorder; Note 1: A category 2 stressor can arise in a variety of circumstances connected with service. Such circumstances can arise during the course of service, as a result of separation from service and the conditions associated with that separation, and in the transition to civilian life in the years following separation. Note 2: category 2 stressor is defined in the Schedule 1 - Dictionary. (10) having a clinically significant disorder of mental health within the 5 years before the clinical onset of major depressive disorder, major depressive episode, persistent depressive disorder or premenstrual dysphoric disorder; Note: clinically significant disorder of mental health is defined in the Schedule 1 - Dictionary. (11) having a sleep-wake disorder for at least the 6 months before the clinical onset of major depressive disorder, major depressive episode, persistent depressive disorder or premenstrual dysphoric disorder; Note: Examples of sleep-wake disorders include chronic insomnia disorder, hypersomnolence disorder, narcolepsy, restless legs syndrome and untreated obstructive sleep apnoea. (12) having an injury which is life-threatening or which results in serious physical or cognitive disability, within the 5 years before the clinical onset of major depressive disorder, major depressive episode, persistent depressive disorder or premenstrual dysphoric disorder; (13) having a severe, chronic medical condition for at least the 2 years before the clinical onset of major depressive disorder, major depressive episode, persistent depressive disorder or premenstrual dysphoric disorder; Note: severe, chronic medical condition is defined in the Schedule 1 - Dictionary. (14) having epilepsy at the time of the clinical onset of major depressive disorder, major depressive episode, persistent depressive disorder or premenstrual dysphoric disorder; (15) having severe and permanent tinnitus at the time of the clinical onset of major depressive disorder, major depressive episode, persistent depressive disorder or premenstrual dysphoric disorder; Note: severe and permanent tinnitus is defined in the Schedule 1 - Dictionary. (16) having persistent pain of at least 3 months duration at the time of the clinical onset of major depressive disorder, major depressive episode, persistent depressive disorder or premenstrual dysphoric disorder; Note: persistent pain is defined in the Schedule 1 - Dictionary. (17) having untreated or unsuccessfully treated vitamin D deficiency, with a serum 25-hydroxyvitamin D level of less than 25 nanomoles per litre, at the time of the clinical onset of major depressive disorder, major depressive episode, persistent depressive disorder or premenstrual dysphoric disorder; (18) being obese at the time of the clinical onset of major depressive disorder, major depressive episode, persistent depressive disorder or premenstrual dysphoric disorder; Note: being obese is defined in the Schedule 1 - Dictionary. (19) experiencing pregnancy or the first 12 months after childbirth as a parent, at the time of the clinical onset of major depressive disorder, major depressive episode or persistent depressive disorder; (20) being in the menopausal transition or within the 2 years after the final menstrual period at the time of the clinical onset of major depressive disorder, major depressive episode or persistent depressive disorder; Note: menopausal transition is defined in the Schedule 1 - Dictionary. (21) having another medical condition, including an endocrine, cardiovascular, respiratory, metabolic, infectious or neurological disorder, where the signs or symptoms of depression are directly related to the pathological process of the medical condition and not solely due to its psychosocial stress effects, at the time of the clinical onset of "depressive disorder due to another medical condition"; (22) taking mefloquine or corticosteroids, excluding topical or inhaled corticosteroids, within the 30 days before the clinical onset of substance/medication-induced depressive disorder, where substance/medication-induced depressive disorder persists after the discontinuation or tapering of mefloquine or corticosteroid therapy; (23) using a psychoactive substance from the specified list of psychoactive substances at an intoxicant dose within the 30 days before the clinical onset of substance/medication-induced depressive disorder; Note: intoxicant dose and specified list of psychoactive substances are defined in the Schedule 1 – Dictionary. (24) taking a drug that cannot be ceased or substituted in the long term and which is associated in the individual with the development of depressive symptoms during drug therapy and either: (a) the improvement of depressive symptoms within days or weeks of discontinuing or tapering drug therapy; or (b) the redevelopment of depressive symptoms on rechallenge with the same drug; where the drug was being taken within the 30 days before the clinical onset of substance/medication-induced depressive disorder; (25) using a psychoactive chemical or substance at an intoxicant dose, which is associated in the individual with the development of depressive symptoms, and where the psychoactive chemical or substance was being taken within the 30 days before the clinical onset of substance/medication-induced depressive disorder; Note: intoxicant dose is defined in the Schedule 1 – Dictionary. (26) having ceased or reduced therapeutic or illicit drug use or other substance use within the 30 days before the clinical onset of substance/medication-induced depressive disorder; (27) having an alcohol use disorder or a substance use disorder at the time of the clinical onset of substance/medication-induced depressive disorder; (28) having smoked tobacco products: (a) on an average of at least 20 cigarettes per day or the equivalent thereof in other tobacco products; and (b) for at least the 2 years before the clinical onset of major depressive disorder, major depressive episode, persistent depressive disorder, premenstrual dysphoric disorder or substance/medication-induced depressive disorder; and if smoking has ceased before the clinical onset then that onset occurred within 6 months of cessation; Note: cigarettes per day or the equivalent thereof in other tobacco products is defined in the Schedule 1 - Dictionary. (29) inhaling, ingesting or having cutaneous contact with organic solvents, in an unventilated and confined space, on more days than not for a continuous period of at least 5 years before the clinical onset of substance/medication-induced depressive disorder, and where the clinical onset occurs within 2 years of that period; (30) having an episode of acute cholinergic poisoning from exposure to an organophosphorus ester or paraquat poisoning within the 30 days before the clinical onset of substance/medication-induced depressive disorder; Note: acute cholinergic poisoning, organophosphorus ester and paraquat are defined in the Schedule 1 – Dictionary. (31) being a prisoner of war before the clinical worsening of depressive disorder; (32) experiencing a category 1A stressor within the 5 years before the clinical worsening of depressive disorder; Note: category 1A stressor is defined in the Schedule 1 – Dictionary. (33) experiencing a category 1B stressor within the 5 years before the clinical worsening of depressive disorder; Note: category 1B stressor is defined in the Schedule 1 – Dictionary. (34) experiencing severe childhood abuse before the clinical worsening of depressive disorder; Note: severe childhood abuse is defined in the Schedule 1 – Dictionary. (35) experiencing a potentially morally injurious event within the 5 years before the clinical worsening of depressive disorder; Note: potentially morally injurious event is defined in the Schedule 1 – Dictionary. (36) having a family member or close friend who experiences a category 1A stressor within the 2 years before the clinical worsening of depressive disorder; Note: category 1A stressor is defined in the Schedule 1 - Dictionary. (37) experiencing the death of a family member or close friend within the 5 years before the clinical worsening of depressive disorder; (38) experiencing miscarriage, fetal death in utero or stillbirth as a parent, within the 6 months before the clinical worsening of depressive disorder; (39) experiencing a category 2 stressor within the 1 year before the clinical worsening of depressive disorder; Note 1: A category 2 stressor can arise in a variety of circumstances connected with service. Such circumstances can arise during the course of service, as a result of separation from service and the conditions associated with that separation, and in the transition to civilian life in the years following separation. Note 2: category 2 stressor is defined in the Schedule 1 - Dictionary. (40) having a clinically significant disorder of mental health within the 5 years before the clinical worsening of depressive disorder; Note: clinically significant disorder of mental health is defined in the Schedule 1 - Dictionary. (41) having a sleep-wake disorder for the 6 months before the clinical worsening of depressive disorder; Note: Examples of sleep-wake disorders include chronic insomnia disorder, hypersomnolence disorder, narcolepsy, restless legs syndrome and untreated obstructive sleep apnoea. (42) having an injury which is life-threatening or which results in serious physical or cognitive disability, within the 5 years before the clinical worsening of depressive disorder; (43) having a severe, chronic medical condition for at least the 2 years before the clinical worsening of depressive disorder; Note: severe, chronic medical condition is defined in the Schedule 1 - Dictionary. (44) having epilepsy at the time of the clinical worsening of depressive disorder; (45) having severe and permanent tinnitus at the time of the clinical worsening of depressive disorder; Note: severe and permanent tinnitus is defined in the Schedule 1 - Dictionary. (46) having persistent pain of at least 3 months duration at the time of the clinical worsening of depressive disorder; Note: persistent pain is defined in the Schedule 1 - Dictionary. (47) having untreated or unsuccessfully treated vitamin D deficiency, with a serum 25-hydroxyvitamin D level of less than 25 nanomoles per litre, at the time of the clinical worsening of depressive disorder; (48) being obese at the time of the clinical worsening of depressive disorder; Note: being obese is defined in the Schedule 1 - Dictionary. (49) experiencing pregnancy or the first 12 months after childbirth as a parent, at the time of the clinical worsening of depressive disorder; (50) being in the menopausal transition or within the 2 years after the final menstrual period at the time of the clinical worsening of depressive disorder; Note: menopausal transition is defined in the Schedule 1 - Dictionary. (51) having another medical condition, including an endocrine, cardiovascular, respiratory, metabolic, infectious or neurological disorder, where the signs or symptoms of depression are directly related to the pathological process of the medical condition and not solely due to its psychosocial stress effects, at the time of the clinical worsening of depressive disorder; (52) taking mefloquine or corticosteroids, excluding topical or inhaled corticosteroids, within the 30 days before the clinical worsening of depressive disorder, where depressive disorder persists after the discontinuation or tapering of mefloquine or corticosteroid therapy; (53) using a psychoactive substance from the specified list of psychoactive substances at an intoxicant dose within the 30 days before the clinical worsening of depressive disorder; Note: intoxicant dose and specified list of psychoactive substances are defined in the Schedule 1 – Dictionary. (54) taking a drug that cannot be ceased or substituted in the long term and which is associated in the individual with the worsening of depressive symptoms during drug therapy and either: (a) the improvement of depressive symptoms within days or weeks of discontinuing or tapering drug therapy; or (b) the worsening of depressive symptoms on rechallenge with the same drug; where the drug was being taken within the 30 days before the clinical worsening of depressive disorder; (55) using a psychoactive chemical or substance at an intoxicant dose, which is associated in the individual with the worsening of depressive symptoms, and where the psychoactive chemical or substance was being taken within the 30 days before the clinical worsening of depressive disorder; Note: intoxicant dose is defined in the Schedule 1 – Dictionary. (56) having ceased or reduced therapeutic or illicit drug use or other substance use within the 30 days before the clinical worsening of depressive disorder; (57) having an alcohol use disorder or a substance use disorder at the time of the clinical worsening of depressive disorder; (58) inhaling, ingesting or having cutaneous contact with organic solvents, in an unventilated and confined space, on more days than not for a continuous period of at least 5 years before the clinical worsening of depressive disorder, and where the clinical worsening occurs within 2 years of that period; (59) having an episode of acute cholinergic poisoning from exposure to an organophosphorus ester or paraquat poisoning within the 30 days before the clinical worsening of depressive disorder; Note: acute cholinergic poisoning, organophosphorus ester and paraquat are defined in the Schedule 1 – Dictionary. (60) inability to obtain appropriate clinical management for depressive disorder before the clinical worsening of depressive disorder. 10 Relationship to service (1) The existence in a person of any factor referred to in section 9, must be related to the relevant service rendered by the person. (2) The factors set out in subsections 9(31) to 9(60) apply only to material contribution to, or aggravation of, depressive disorder where the person's depressive disorder was suffered or contracted before or during (but did not arise out of) the person's relevant service. 11 Factors referring to an injury or disease covered by another Statement of Principles In this Statement of Principles: (1) if a factor referred to in section 9 applies in relation to a person; and (2) that factor refers to an injury or disease in respect of which a Statement of Principles has been determined under subsection 196B(2) of the VEA; then the factors in that Statement of Principles apply in accordance with the terms of that Statement of Principles as in force from time to time.