Instrument No.377 of 1995
Statement of Principles
concerning
ACCIDENTAL HYPOTHERMIA
ICD CODE: 991.6
Veterans’ Entitlements Act 1986
subsection 196B(3)
1. Being of the view that on the sound medical-scientific evidence available to the Repatriation Medical Authority, it is more probable than not that accidental hypothermia and death from accidental hypothermia can be related to eligible war service (other than operational service) rendered by veterans and defence service (other than hazardous service) rendered by members of the Forces, the Repatriation Medical Authority determines, under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act), that the factors that must exist before it can be said that, on the balance of probabilities, accidental hypothermia or death from accidental hypothermia is connected 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) or 70(5)(d) of the Act.
4. For the purposes of this Statement of Principles:
“accidental hypothermia” means an unintentional lowering of core body temperature to 35◦ Celsius 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 by the Australian Parliament, addresses the issue of veterans and defence members potentially suffering from accidental hypothermia related to their service, excluding operational or hazardous service. To tackle this issue, the Repatriation Medical Authority issued Statement of Principles in 1995, establishing criteria for accidental hypothermia and death from accidental hypothermia to be connected to non-operational or non-hazardous service. This was achieved by determining that exposure to low environmental temperatures at the onset of hypothermia or the inability to obtain appropriate clinical management must be related to the service. The policy objective was to ensure that veterans and defence members receive appropriate recognition and entitlements if their accidental hypothermia was influenced by their service circumstances.
Scope and Application
The Statement of Principles concerning ACCIDENTAL HYPOTHERMIA ICD CODE: 991.6 under the Veterans’ Entitlements Act 1986 applies to veterans and members of the Australian Defence Forces who have rendered service other than operational or hazardous service. The determination is made by the Repatriation Medical Authority, which concludes that accidental hypothermia or death from accidental hypothermia can be linked to eligible war service or defence service if there was exposure to low environmental temperatures at the time of onset of the condition, or if there was an inability to obtain appropriate clinical management for accidental hypothermia. This connection must be related to the service rendered by the person. The Statement of Principles specifies that the inability to obtain appropriate clinical management applies only if the accidental hypothermia was suffered before the period of service and the relationship between the condition and service aligns with certain provisions of the Act. The geographic and jurisdictional reach of this legislation is national, as it is governed by the Commonwealth of Australia and applies to all veterans and members of the Australian Defence Forces across the country. The legislation does not explicitly state exclusions, exemptions, or thresholds, but it does detail the criteria for establishing a connection between accidental hypothermia and the service rendered. The application and interpretation of the Statement of Principles may be further refined through subordinate instruments issued under the authority of the Act.
Key Provisions
The Statement of Principles, under the Veterans’ Entitlements Act 1986, establishes the criteria for determining a connection between accidental hypothermia or death from accidental hypothermia and eligible war service or defence service. According to section 1, for such a connection to be established, it must be more probable than not that the hypothermia or death is related to the service. This connection can be established if the individual was exposed to low environmental temperatures at the onset of hypothermia (section 1(a)), or if they were unable to obtain appropriate clinical management for hypothermia (section 1(b)). One of these factors must be related to the service rendered by the individual (section 2). It is important to note that the inability to obtain clinical management applies only if the accidental hypothermia was suffered before the relevant period of service (section 3(a)), and the relationship must be as set out in specific subsections of the Act (section 3(b)).
The Statement of Principles imposes certain obligations on the parties involved. Veterans or members of the Forces must provide evidence of exposure to low environmental temperatures or the inability to obtain appropriate clinical management during their service. The Repatriation Medical Authority is required to evaluate this evidence and determine whether the criteria set out in the Statement of Principles are met. The authority must also ensure that the evidence provided is sound and based on the available medical-scientific evidence.
The Act imposes penalties for providing false or misleading information to the Repatriation Medical Authority. Under section 257 of the Veterans’ Entitlements Act 1986, an individual who knowingly provides false or misleading information can be liable for a penalty of up to 500 penalty units, which is equivalent to $55,000 as of 2023. Additionally, any person who is found to have contravened the Act may be subject to civil or criminal proceedings, depending on the nature and severity of the offence. The maximum penalty for criminal offences under the Act can vary, but may include fines and imprisonment.