Instrument No.376 of 1995
Statement of Principles
concerning
ACCIDENTAL HYPOTHERMIA
ICD CODE: 991.6
Veterans’ Entitlements Act 1986
subsection 196B(2)
1. Being of the view that there is sound medical-scientific evidence that indicates that accidental hypothermia and death from accidental hypothermia can be related to operational service rendered by veterans, peacekeeping service rendered by members of Peacekeeping Forces and hazardous service rendered by members of the Forces, the Repatriation Medical Authority determines, under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the Act), that the factors that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting accidental hypothermia or death from accidental hypothermia with the circumstances of that service, are:
(a) being exposed to low environmental temperature at the time of the clinical onset of accidental hypothermia; or
(b) inability to obtain appropriate clinical management for accidental hypothermia.
2. Subject to clause 3 (below) at least one of the factors set out in paragraphs 1(a) to 1(b) must be related to any service rendered by a person.
3. The factor set out in paragraph 1(b) applies only where:
(a) the person’s accidental hypothermia was suffered before a period, or part of a period, of service to which the factor is related; and
(b) the relationship suggested between the accidental hypothermia and the particular service of a person is a relationship set out in paragraph 8(1)(e), 9(1)(e), 70(5)(d) or 70(5A)(d) of the Act.
4. For the purposes of this Statement of Principles:
“accidental hypothermia” means an unintentional lowering of core body temperature to 35øCelsius or less due to exposure to cold environmental temperature, attracting ICD code 991.6; but not including hypothermia following anaesthesia or hypothermia not associated with low environmental temperature;
“ICD code” means a number assigned to a particular kind of injury or disease in the Australian Version of The International Classification of Diseases, 9th revision, Clinical Modification (ICD-9-CM), effective date of 1 July 1995, copyrighted by the National Coding Centre, Faculty of Health Sciences, University of Sydney, NSW, and having ISBN 0 642 22235 5.
Dated this Twenty-third day of November 1995
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of: )
KEN DONALD
CHAIRMAN
Overview
The Veterans’ Entitlements Act 1986, enacted in 1986, was introduced to provide various benefits and entitlements to Australian veterans, including those related to service-connected injuries and diseases. In 1995, the Repatriation Medical Authority issued a Statement of Principles concerning accidental hypothermia under subsection 196B(2) of the Act. This statement was prompted by the recognition of sound medical-scientific evidence linking accidental hypothermia or death from accidental hypothermia to operational service, peacekeeping service, or hazardous service rendered by veterans, Peacekeeping Forces, and the Forces. The policy objective of this Statement of Principles is to establish the minimum factors that must exist for a reasonable hypothesis to be raised connecting accidental hypothermia or death from accidental hypothermia with the circumstances of such service, ensuring that affected individuals can access appropriate entitlements and support.
Scope and Application
The Statement of Principles concerning Accidental Hypothermia under the Veterans’ Entitlements Act 1986 outlines the specific conditions that must be met to establish a connection between accidental hypothermia or death from accidental hypothermia and operational, peacekeeping, or hazardous military service. This legislative instrument applies to veterans and members of peacekeeping forces who have been exposed to low environmental temperatures or have been unable to obtain appropriate clinical management for accidental hypothermia during their service. The principles set forth in this Statement of Principles are intended to guide the Repatriation Medical Authority in determining whether a reasonable hypothesis exists that links the hypothermia to the service rendered. This determination is critical for veterans seeking compensation or benefits under the Act, as it establishes a causal relationship between their service and their medical condition. The Statement of Principles also provides a definition of "accidental hypothermia," clarifying that it refers to an unintentional lowering of core body temperature to 35 degrees Celsius or less due to exposure to cold environmental temperature, excluding hypothermia following anaesthesia or hypothermia not associated with low environmental temperature.
The application of this Statement of Principles is limited to Commonwealth jurisdiction, and its scope is narrowly defined to ensure that only those veterans who meet the specified criteria can claim a connection between their service and accidental hypothermia. The Statement of Principles may be subject to updates or modifications through subordinate instruments, ensuring that it remains relevant to current medical understanding and service conditions.
Key Provisions
The Statement of Principles outlined in this legislative instrument establishes the criteria for linking accidental hypothermia or death from accidental hypothermia to specific services rendered by veterans, peacekeeping forces, and members of the Australian Defence Force. According to section 1, a reasonable hypothesis connecting accidental hypothermia with the service can be raised if the individual was exposed to low environmental temperatures at the onset of hypothermia or if they were unable to obtain appropriate clinical management for the condition. These factors must be related to the service in question, as specified in section 2. The inability to obtain appropriate clinical management applies only if the hypothermia was suffered before the period of service, and the relationship between the hypothermia and the service must align with the specified conditions in sections 8(1)(e), 9(1)(e), 70(5)(d), or 70(5A)(d) of the Act, as outlined in section 3.
The obligations and requirements imposed by this Act on the parties it governs are primarily concerned with establishing a clear link between accidental hypothermia or death from accidental hypothermia and the relevant service. To meet these obligations, claimants must demonstrate that at least one of the factors mentioned in section 1 was related to their service. In cases where the inability to obtain appropriate clinical management is claimed, it must be shown that this occurred before the period of service and that the relationship between the hypothermia and the service is as defined in the specified sections of the Act. The Repatriation Medical Authority is responsible for assessing the validity of these claims based on the criteria set forth in the Statement of Principles.
Breaches of the obligations set out in the Statement of Principles may result in civil or criminal consequences. While the specific penalties are not detailed in the legislative instrument, the Veterans’ Entitlements Act 1986 provides for various penalties under its general provisions. These may include fines, imprisonment, or other civil remedies for non-compliance or fraudulent claims. The maximum penalties for such breaches would be determined by the relevant sections of the primary Act and any applicable regulations or subsidiary legislation. It is essential for claimants to adhere to the stipulated criteria to avoid potential legal repercussions.