Statement of Principles concerning immersion foot No. 169 of 1995

Overview

The Statement of Principles concerning Immersion Foot, issued in 1995, aims to address the connection between immersion foot, a condition also known as trench foot, and service rendered by veterans and members of the Defence Forces. The Repatriation Medical Authority established these principles under subsection 196B(3) of the Veterans’ Entitlements Act 1986, acknowledging the potential relationship between immersion foot and eligible war or defence service. This legislative instrument provides a basis for determining the circumstances under which immersion foot can be considered connected to service, focusing on exposure to specific environmental conditions and the availability of clinical management. The principles set out the conditions that must be met for immersion foot to be related to service, thereby offering guidance to those seeking to establish such a connection for entitlement purposes.

Scope and Application

The Statement of Principles concerning Immersion Foot, established under subsection 196B(3) of the Veterans’ Entitlements Act 1986, delineates the criteria for determining a probable connection between immersion foot or death from immersion foot and specific war or defence service. This legislation applies to veterans and members of the Forces who have rendered service other than operational or hazardous service, respectively. It requires that either exposure of a foot to moisture and non-freezing temperatures below 10 degrees Celsius for at least ten hours immediately before the clinical onset of immersion foot, or the inability to obtain appropriate clinical management for immersion foot, be related to the service rendered by the individual. The inability to obtain clinical management applies only if the immersion foot developed before a relevant period of service and if the relationship is as specified in certain subsections of the Act. The geographical reach of this Act is national, applying across all states and territories of Australia. There are no explicit exclusions or exemptions mentioned in this Statement of Principles, and it extends its application through the defined criteria within the Act.

Key Provisions

The Statement of Principles, under the Veterans' Entitlements Act 1986 (subsection 196B(3)), establishes specific conditions that must be met to link immersion foot, or death from immersion foot, with war service or defence service. According to section 1, for immersion foot or death from immersion foot to be considered connected to service, at least one of two factors must exist: (a) exposure of a foot to moisture and non-freezing temperatures below 10°Celsius for a minimum of ten hours immediately before the onset of symptoms, or (b) an inability to obtain appropriate clinical management for immersion foot. Section 2 stipulates that at least one of these factors must relate to the service rendered by the individual. Section 3 further clarifies that the inability to obtain appropriate clinical management applies only if the immersion foot developed before a relevant period of service and if the relationship between the immersion foot and the service falls within specific categories outlined in the Act. Finally, section 4 defines key terms for the purposes of these principles, such as "immersion foot" and "ICD code". The Act imposes specific obligations on the parties involved. For veterans or members of the Forces claiming entitlement related to immersion foot, they must demonstrate that their condition meets the criteria outlined in the Statement of Principles. This includes providing evidence that they were exposed to the conditions described in section 1(a) or that they were unable to obtain appropriate clinical management as per section 1(b). Furthermore, the Repatriation Medical Authority is tasked with assessing the validity of these claims based on the sound medical-scientific evidence available, ensuring that the factors set out in the Statement of Principles are met before a connection to service can be established. Breaching the requirements set out in this Statement of Principles can have significant consequences. While the Statement of Principles itself does not explicitly state penalties for non-compliance, the Veterans’ Entitlements Act 1986 provides a framework for addressing breaches of legislative requirements. Under the Act, failure to comply with the provisions, or providing false or misleading information, could potentially lead to civil or criminal penalties. The exact penalties would depend on the nature and severity of the breach, but they could include fines or, in more serious cases, criminal charges. It is essential for claimants to provide accurate and truthful information to avoid any legal repercussions.