Statement of Principles concerning chilblains No. 266 of 1995

Overview

The Veterans’ Entitlements Act 1986, enacted to provide a framework for the provision of benefits and services to veterans, aimed to address the problem of establishing a connection between certain medical conditions and the service rendered by veterans and members of the Forces. The Statement of Principles concerning Chilblains ICD Code: 991.5 was introduced to clarify the criteria for determining a probable link between chilblains or death from chilblains and the service circumstances, specifically relating to exposure to cold temperatures or the inability to obtain appropriate clinical management for chilblains during service. This legislative instrument, numbered 266 of 1995, was developed by the Repatriation Medical Authority under the authority of the Veterans’ Entitlements Act 1986, aiming to provide a clear policy objective for the medical assessment of chilblains related to service.

Scope and Application

The Statement of Principles concerning Chilblains, as specified under the Veterans' Entitlements Act 1986, applies to veterans and members of the Defence Forces who have rendered service other than operational or hazardous service. The Repatriation Medical Authority determines that chilblains and death from chilblains can be related to the specified service if certain factors are present, namely exposure to non-freezing temperatures below 10 degrees Celsius immediately before the onset of chilblains or an inability to obtain appropriate clinical management for chilblains. These conditions must be connected to the service rendered by the person, with the specific requirement that the inability to obtain appropriate clinical management must relate to a period before the service. This legislative instrument extends the application of the Act by establishing a clear connection between the service conditions and the medical condition of chilblains, thereby facilitating entitlement claims for veterans and Defence Force members under the Act. The jurisdictional reach of this instrument is under the Commonwealth, as it pertains to the administration and entitlements outlined in the Veterans' Entitlements Act 1986.

Key Provisions

The Statement of Principles concerning Chilblains issued under the Veterans’ Entitlements Act 1986 (the Act) sets out specific criteria that must be met for chilblains or death from chilblains to be connected to war service or defence service rendered by veterans or members of the Forces. According to section 1, these criteria include either exposure to non-freezing temperatures below 10°Celsius immediately before the clinical onset of chilblains or an inability to obtain appropriate clinical management for chilblains (section 1(a) and (b)). For the purposes of this Statement of Principles, 'chilblains' is defined as a recurrent localised erythema and doughy subcutaneous swelling caused by exposure to cold and accompanied by pruritus and a burning sensation, with an ICD code of 991.5 (section 4). The obligations imposed by the Act on the parties it governs are primarily concerned with ensuring that the criteria for connecting chilblains or death from chilblains to war or defence service are met. Specifically, the Repatriation Medical Authority is responsible for determining whether the criteria are met based on the medical-scientific evidence available. This involves establishing a connection between the service rendered and the onset or exacerbation of chilblains, as well as ensuring that the service-related factors align with the relationships outlined in sections 8(1)(e), 9(1)(e), or 70(5)(d) of the Act. The Repatriation Medical Authority must also consider whether the inability to obtain appropriate clinical management for chilblains is related to the service, as outlined in section 3. Failure to comply with the requirements set forth in the Statement of Principles concerning Chilblains may result in civil or criminal consequences, depending on the nature and severity of the breach. While the Statement of Principles itself does not specify maximum penalties, the Veterans’ Entitlements Act 1986 includes provisions for offences and penalties related to misrepresentation or fraud in the context of veterans' entitlements. In such cases, the maximum penalty for an individual may be imprisonment for up to five years, a fine of up to $22,000, or both, as outlined in section 228 of the Act. For a body corporate, the maximum penalty may be a fine of up to $110,000, as outlined in section 229 of the Act. It is important to note that these penalties are not specific to the Statement of Principles concerning Chilblains but are applicable to any breaches of the Act in general.