Statement of Principles concerning accidental hypothermia (Reasonable Hypothesis) (No. 21 of 2018)

Administered by Department of Veterans' Affairs

Legislation au F2018L00200 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

ACCIDENTAL HYPOTHERMIA

(REASONABLE HYPOTHESIS) (NO. 21 OF 2018)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Statement of Principles concerning accidental hypothermia (Reasonable Hypothesis) (No. 21 of 2018).

Background

2.             The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), revokes Instrument No. 17 of 2010, determined under subsection 196B(2) of the VEA concerning accidental hypothermia.

3.             The Authority is of the view that there is sound medical-scientific evidence that indicates that accidental hypothermia and death from accidental hypothermia can be related to particular kinds of service.  The Authority has therefore determined pursuant to subsection 196B(2) of the VEA a Statement of Principles concerning accidental hypothermia (Reasonable Hypothesis) (No. 21 of 2018).  This Instrument will in effect replace the revoked Statement of Principles.

Purpose and Operation

4.             The Statement of Principles will be applied in determining claims under the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA).

5.             The Statement of Principles sets out the factors that must as a minimum exist, and which of those factors must be related to the following kinds of service rendered by a person:

 operational service under the VEA;

 peacekeeping service under the VEA;

 hazardous service under the VEA;

 British nuclear test defence service under the VEA;

 warlike service under the MRCA;

 non-warlike service under the MRCA,

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.  The Statement of Principles has been determined for the purposes of both the VEA and the MRCA.

6.             This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 19 October 2016 concerning accidental hypothermia in accordance with section 196G of the VEA.  The investigation involved an examination of the sound medical-scientific evidence now available to the Authority, including the sound medical-scientific evidence it has previously considered.

7.             The contents of this Instrument are in similar terms as the revoked Instrument.  Comparing this Instrument and the revoked Instrument, the differences include:

  • adopting the latest revised Instrument format, which commenced in 2015;
  • specifying a day of commencement for the Instrument in section 2;
  • revising the definition of 'accidental hypothermia' in subsection 7(2);
  • revising the reference to 'ICD-10-AM code' in subsection 7(4);
  • revising the factor in subsection 9(1) concerning 'being exposed to low environmental temperature';
  • new definitions of 'MRCA' and 'VEA' in Schedule 1 - Dictionary; and
  • revising the definition of 'relevant service' in Schedule 1 – Dictionary.

Consultation

8.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to accidental hypothermia in the Government Notices Gazette of 19 October 2016, and circulated a copy of the notice of intention to investigate to a wide range of organisations representing veterans, service personnel and their dependants.  The Authority invited submissions from the Repatriation Commission, organisations and persons referred to in section 196E of the VEA, and any person having expertise in the field.  No submissions were received for consideration by the Authority during the investigation.

Human Rights

9.             This instrument is compatible with the Human Rights and Freedoms recognised or declared in the International Instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.  A Statement of Compatibility with Human Rights follows.

Finalisation of Investigation

10.         The determining of this Instrument finalises the investigation in relation to accidental hypothermia as advertised in the Government Notices Gazette of 19 October 2016.

References

11.         A list of references relating to the above condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA.  Any such request must be made in writing to the Repatriation Medical Authority at the following address:

The Registrar

Repatriation Medical Authority

GPO Box 1014

BRISBANE    QLD    4001

Statement of Compatibility with Human Rights

(Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)

 

Instrument No.:   Statement of Principles No. 21 of 2018

Kind of Injury, Disease or Death: Accidental hypothermia

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

1. This Legislative Instrument is determined pursuant to subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA) for the purposes of the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA).  Part XIA of the VEA requires the determination of these instruments outlining the factors linking particular kinds of injury, disease or death with service such being determined solely on the available sound medical-scientific evidence.

2. This Legislative Instrument:-

  • facilitates claimants in making, and the Repatriation Commission in assessing, claims under the VEA and the MRCA respectively, by specifying the circumstances in which medical treatment and compensation can be extended to eligible persons who have accidental hypothermia;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • outlines the factors which the current sound medical-scientific evidence indicates must as a minimum exist, before it can be said that a reasonable hypothesis has been raised, connecting accidental hypothermia with the circumstances of eligible service rendered by a person, as set out in clause 5 of the Explanatory Statement;
  • replaces Instrument No. 17 of 2010; and
  • reflects developments in the available sound medical-scientific evidence concerning accidental hypothermia which have occurred since that earlier instrument was determined. 

3. The Instrument is assessed as being a technical instrument which improves the medico-scientific quality of outcomes under the VEA and the MRCA. 

Human Rights Implications

4. This Legislative Instrument does not derogate from any human rights. It promotes the human rights of veterans, current and former Defence Force members as well as other persons such as their dependents, including:

  • the right to social security (Art 9, International Covenant on Economic, Social and Cultural Rights; Art 26, Convention on the Rights of the Child and Art 28, Convention on the Rights of Persons with Disabilities) by helping to ensure that the qualifying conditions for the benefit are 'reasonable, proportionate and transparent'[1];
  • the right to an adequate standard of living (Art 11, ICSECR; Art 27, CRC and Art 28, CRPD) by facilitating the assessment and determination of social security benefits;
  • the right to the enjoyment of the highest attainable standard of physical and mental health (Art 12, ICSECR and Art 25, CRPD), by facilitating the assessment and determination of compensation and benefits in relation to the treatment and rehabilitation of veterans and Defence Force members;
  • the rights of persons with disabilities by facilitating the determination of claims relating to treatment and rehabilitation (Art 26, CRPD); and
  • ensuring that those rights "will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status" (Art 2, ICESCR).

Conclusion

This Legislative Instrument is compatible with human rights as it does not derogate from and promotes a number of human rights.

 

Repatriation Medical Authority

 

 

 

 

 

[1] In General Comment No. 19 (The right to social security), the Committee on Economic, Social and Cultural Rights said (at paragraph 24) this to be one of the elements of ensuring accessibility to social security.

Overview

The Statement of Principles concerning accidental hypothermia (Reasonable Hypothesis) (No. 21 of 2018) was enacted to address the problem of determining the eligibility of veterans and service personnel for compensation related to accidental hypothermia under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislation was introduced by the Repatriation Medical Authority under subsection 196B(8) of the VEA. The policy objective of this Statement of Principles is to establish the minimum factors that must exist to raise a reasonable hypothesis connecting accidental hypothermia or death from accidental hypothermia to the service circumstances of the claimants. The document replaces the previously revoked Instrument No. 17 of 2010 and reflects the latest medical-scientific evidence regarding accidental hypothermia. This Statement of Principles is designed to facilitate the assessment and processing of claims under both the VEA and the MRCA, ensuring that compensation and medical treatment are provided to eligible individuals. It outlines the specific service circumstances that must be considered to support a claim of accidental hypothermia. The instrument was determined following an investigation notified in the Government Notices Gazette on 19 October 2016 and is compatible with the human rights and freedoms as recognised or declared in the international instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Statement of Principles concerning accidental hypothermia (Reasonable Hypothesis) (No. 21 of 2018) applies to claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It outlines the minimum factors that must exist, linking accidental hypothermia or death from accidental hypothermia to specific types of service, including operational, peacekeeping, hazardous, and British nuclear test defence service, as well as warlike and non-warlike service. This legislative instrument is designed to facilitate the process of making and assessing claims, ensuring that eligible veterans and Defence Force members can access medical treatment and compensation. The instrument replaces the previously revoked Statement of Principles, reflecting the latest medical-scientific evidence. Its purpose is to provide a clear framework for determining the connection between service and accidental hypothermia, thus supporting the rights of affected individuals under international human rights conventions.

Key Provisions

The main operative sections of the Statement of Principles concerning accidental hypothermia (Reasonable Hypothesis) (No. 21 of 2018) are intended to facilitate the assessment and determination of claims for compensation and medical treatment related to accidental hypothermia, under both the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The statement sets out the minimum factors that must be present to establish a reasonable hypothesis connecting accidental hypothermia with particular types of military service (Sections 5 and 9). The new statement replaces the previously revoked Instrument No. 17 of 2010, reflecting updated medical-scientific evidence (Section 3). It also specifies the circumstances in which compensation and medical treatment can be extended to eligible persons who have suffered from accidental hypothermia (Section 1). The Statement of Principles imposes obligations on the Repatriation Medical Authority (the Authority) to ensure the factors outlined are considered in the assessment of claims. The Authority is responsible for determining the sound medical-scientific evidence and establishing the criteria for a reasonable hypothesis connecting accidental hypothermia with military service. This involves assessing whether the factors outlined in the Statement of Principles are met in the context of the claimant's service (Section 4). The obligations also extend to the Repatriation Commission, which is responsible for assessing claims based on the principles set out in the Statement of Principles, and to the Veterans' Review Board and the Administrative Appeals Tribunal, which review decisions made under the VEA and the MRCA (Section 6). There are no explicit offences, penalties, or civil/criminal consequences for breach of the Statement of Principles itself. However, any breach of the requirements or misrepresentation of facts in the context of claims under the VEA or the MRCA could result in civil or criminal penalties under those Acts. For instance, under the VEA, knowingly making a false statement in a claim can result in a civil penalty of up to $11,000 or a criminal penalty of up to $5,500 or imprisonment for up to 12 months, or both (Section 196E(3) of the VEA). Similarly, under the MRCA, knowingly making a false statement in a claim can result in a civil penalty of up to $11,000 or a criminal penalty of up to $5,500 or imprisonment for up to 12 months, or both (Section 204(3) of the MRCA). These penalties reflect the seriousness with which the law treats misrepresentations in the context of veterans' claims.

Legal classification tags

Area of Law
Veterans' Law
Health Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Reporting & Disclosure Obligations
Rights & Protections

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.