Statement of Principles concerning chilblains No. 265 of 1995

Overview

The Veterans’ Entitlements Act 1986, enacted by the Parliament of Australia, was introduced to address the need to provide entitlements and benefits to veterans and their families, particularly in relation to health issues arising from their service. One specific legislative instrument, Instrument No.265 of 1995, concerns the Statement of Principles relating to chilblains, formally recognising the connection between chilblains or death from chilblains and the operational service rendered by veterans, peacekeeping service by members of Peacekeeping Forces, and hazardous service by members of the Forces. This instrument was developed by the Repatriation Medical Authority under subsection 196B(2) of the Act, aiming to establish clear criteria for the relationship between chilblains and relevant service circumstances, thereby facilitating access to medical and other benefits for affected veterans.

Scope and Application

The Veterans’ Entitlements Act 1986, through the Statement of Principles concerning Chilblains, establishes criteria for linking chilblains or death from chilblains to operational service by veterans, peacekeeping service by members of Peacekeeping Forces, and hazardous service by members of the Forces. This Act applies to individuals who have rendered such service and subsequently developed chilblains or died from the condition, ensuring they meet specific medical-scientific criteria before a connection can be established. The geographic reach of the Act is national, applying across all states and territories of Australia. The Act specifies that at least one of the factors, such as exposure to non-freezing temperatures below 10 degrees Celsius immediately before the onset of chilblains or inability to obtain appropriate clinical management, must relate to the service rendered by the veteran or service member. Notably, the inability to obtain clinical management applies only under certain conditions, including when the chilblains developed before the relevant service period and when the relationship between the chilblains and service is explicitly set out in the Act.

Key Provisions

The main operative sections of this Statement of Principles focus on establishing the connection between chilblains or death from chilblains and certain types of service rendered by veterans, peacekeeping forces, and hazardous service members (subsection 196B(2)). Specifically, the Statement identifies that a reasonable hypothesis connecting chilblains or death from chilblains with service can be raised if either exposure to non-freezing temperatures below 10 degrees Celsius immediately before the onset of chilblains occurred or if the person was unable to obtain appropriate clinical management for the condition (section 1). This connection must be related to the service rendered by the individual in question (section 2). The inability to obtain appropriate clinical management applies only if the chilblains developed before a period or part of a service period, and the relationship must be as outlined in specified sections of the Act (section 3). The obligations and requirements imposed by this Act on the parties governed by it are centred around proving a link between the service rendered and the development or exacerbation of chilblains or death from chilblains. Claimants must demonstrate that at least one of the factors identified in the Statement of Principles is related to their service (section 2). This involves providing evidence of exposure to cold temperatures or lack of appropriate clinical management, as well as demonstrating a clear timeline of events relative to the service period. For claims involving the inability to obtain appropriate clinical management, the claimant must also establish a causal relationship as specified in the relevant sections of the Act (section 3). The definitions provided in the Statement clarify the medical condition of chilblains and reference the International Classification of Diseases code, ensuring that all parties understand the specific nature of the condition being claimed (section 4). Breach of the provisions outlined in this Statement of Principles can lead to civil or criminal consequences depending on the nature and severity of the infraction. While the Statement itself does not detail specific penalties, breaches of the Veterans’ Entitlements Act 1986, under which this Statement operates, can result in penalties. For instance, providing false or misleading information to the Repatriation Medical Authority can lead to civil penalties or criminal charges, with potential maximum penalties varying based on the jurisdiction and specific circumstances of the offence. It is essential for claimants to adhere to the requirements and obligations set forth in the Statement to avoid any adverse legal consequences.