Statement of Principles concerning frostbite No. 166 of 1995

Overview

The Statement of Principles concerning Frostbite ICD Codes: 991.0, 991.1, 991.2, 991.3, issued under subsection 196B(2) of the Veterans’ Entitlements Act 1986, was enacted in 1995 to address the medical-scientific evidence linking frostbite and death from frostbite to operational service by veterans, peacekeeping service by members of peacekeeping forces, and hazardous service by members of the Australian Defence Force. The Repatriation Medical Authority, acting under the authority of the Commonwealth Parliament, established these principles to ensure that a reasonable hypothesis can be raised connecting frostbite or death from frostbite with the circumstances of service. The objective is to facilitate claims by veterans and their dependents for benefits and compensation related to frostbite, provided that the conditions specified in the principles are met, such as exposure to freezing temperatures immediately before the onset of frostbite or the inability to obtain appropriate clinical management for the condition.

Scope and Application

The Statement of Principles concerning Frostbite ICD Codes under the Veterans’ Entitlements Act 1986 provides a framework for determining the eligibility of veterans, peacekeeping force members, and members of the Australian Defence Force for benefits related to frostbite. The principles set out in this statement apply to individuals who have experienced frostbite or death from frostbite, with a focus on establishing a connection between the condition and their service. Specifically, the statement applies to cases where there is evidence of exposure to freezing temperatures immediately before the onset of frostbite or where there was an inability to obtain appropriate clinical management for frostbite, both of which must be related to the person's service. The statement delineates that the inability to obtain clinical management applies only if the frostbite developed before the relevant service period and if the service falls under specific categories outlined in the Act. The legislation, which is administered under the Commonwealth jurisdiction, also specifies that these conditions must attract a particular range of International Classification of Diseases codes. The application of this statement extends to veterans, peacekeeping force members, and members of the Australian Defence Force who have suffered from frostbite, ensuring that their claims for benefits are assessed with consideration to the outlined medical-scientific evidence and criteria. There are no explicit exclusions or thresholds mentioned in the statement; however, it is subject to interpretation and application by the Repatriation Medical Authority. The statement itself does not create subordinate instruments but relies on the broader provisions of the Veterans’ Entitlements Act 1986 for its implementation and enforcement.

Key Provisions

The Statement of Principles concerning FROSTBITE ICD CODES, issued under the Veterans’ Entitlements Act 1986, establishes the criteria necessary for establishing a connection between frostbite or death from frostbite and certain types of service rendered by veterans, peacekeeping forces, and members of the Australian Defence Force (sections 1-4). It specifies that a reasonable hypothesis of such a connection can be raised if there was exposure to freezing temperatures immediately before the onset of frostbite or if appropriate clinical management was unavailable. This exposure or lack of management must relate to the service in question. Under the Act, the Statement of Principles imposes certain obligations on veterans, peacekeeping force members, and ADF personnel seeking to establish a link between their service and frostbite or death from frostbite. These individuals must demonstrate that at least one of the specified factors (exposure to freezing temperatures or lack of clinical management) is related to their service. For the factor concerning the lack of clinical management, it must be shown that the frostbite developed before the service period and that the relationship between the frostbite and the service is one of the specified types outlined in the Act. The Statement of Principles does not explicitly outline offences, penalties, or consequences for non-compliance in the legislative instrument itself. However, any breaches of the provisions would likely fall under the broader legislative framework of the Veterans’ Entitlements Act 1986, which could include civil or administrative penalties. The precise consequences would depend on the nature and severity of the breach, as well as any relevant regulations or guidelines that may be in place to support the implementation of the Act.