{"id":"F2026L00148","name":"Statement of Principles concerning accidental hypothermia (Balance of Probabilities) (No. 24 of 2026)","slug":"statement-of-principles-concerning-accidental-hypothermia-balance-of-probabilities-no-24-of-2026","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443157,"registerId":"F2026L00148-fast-fetch-1775958068234","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning accidental hypothermia (Balance of Probabilities) (No. 24 of 2026)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![RMA Australian Government Coat of Arms](image.001.jpeg)\n\n \n\nStatement of Principles\n\nconcerning\n\nACCIDENTAL HYPOTHERMIA  (Balance of Probabilities)\n\n(No. 24 of 2026)\n\nThe Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986.\n\n \n\nDated 20 February 2026\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nProfessor Terence Campbell AM\n\nChairperson\n\nby and on behalf of\n\nThe Repatriation Medical Authority\n\n \n\n   \n\n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Repeal\n\n5 Application\n\n6 Definitions\n\n7 Kind of injury, disease or death to which this Statement of Principles relates\n\n8 Basis for determining the factors\n\n9 Factors that must exist\n\n10 Relationship to service\n\n11 Factors referring to an injury or disease covered by another Statement of Principles\n\nSchedule 1 - Dictionary\n\n1 Definitions\n\n \n\n \n\n\n\n\n1.                Name\n\n\nThis is the Statement of Principles concerning accidental hypothermia (Balance of Probabilities) (No. 24 of 2026).\n\n1.                Commencement\n\n\n              This instrument commences on 23 March 2026.\n\n1.                Authority\n\n\nThis instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.\n\n1.                Repeal\n\n\nThe Statement of Principles concerning accidental hypothermia (Balance of Probabilities) (No. 22 of 2018) (Federal Register of Legislation No. F2018L00201) made under subsection 196B(3) of the VEA is repealed.\n\n1.                Application\n\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act 2004 applies.\n\n1.                Definitions\n\n\nThe terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.\n\n1.                Kind of injury, disease or death to which this Statement of Principles relates\n  1.           This Statement of Principles is about accidental hypothermia and death from accidental hypothermia.\n\n\nMeaning of accidental hypothermia\n\n1.           For the purposes of this Statement of Principles, accidental hypothermia:\n  1.           means the unintentional lowering of core body temperature to 35 degrees Celsius or lower due to exposure to low environmental temperature, in an individual without a primary disturbance of thermoregulation; and\n  2.           excludes intentionally induced hypothermia and hypothermia due to a toxicologic or pharmacologic cause.\n\n\n \n\n1.           While accidental hypothermia attracts ICD-10-AM code T68, in applying this Statement of Principles the meaning of accidental hypothermia is that given in subsection (2).\n2.           For subsection (3), a reference to an ICD-10-AM code is a reference to the code assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, Tenth Revision, Australian Modification (ICD-10-AM), Tenth Edition, effective date of 1 July 2017, copyrighted by the Independent Hospital Pricing Authority, ISBN 978-1-76007-296-4.\n\n\nDeath from accidental hypothermia\n\n1.           For the purposes of this Statement of Principles, accidental hypothermia, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's accidental hypothermia.\n\n\nNote: terminal event is defined in the Schedule 1 – Dictionary.\n\n1.                Basis for determining the factors\n\n\nOn the sound medical‑scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that accidental hypothermia and death from accidental hypothermia can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the MRCA.\n\nNote: MRCA, relevant service and VEA are defined in the Schedule 1 – Dictionary.\n\n1.                Factors that must exist\n\n\nAt least one of the following factors must exist before it can be said that, on the balance of probabilities, accidental hypothermia or death from accidental hypothermia is connected with the circumstances of a person's relevant service:\n\n1.           being exposed to low environmental temperature at the time of the clinical onset of accidental hypothermia;\n\n\nNote:  Exposure to low environmental temperatures may occur during military training or exercises in the outdoors, but is also likely to occur in other circumstances, examples of which include: occupational exposure (for example, cold room), poorly controlled psychiatric disease or suicide attempt, substances or diseases that affect the level of consciousness (for example, alcohol intoxication, drug overdose or epileptic seizure), injury or diseases that affect the ability to walk (for example, heart attack or stroke), diseases that impair cognition (for example, dementia), and homelessness.\n\n1.           inability to obtain appropriate clinical management for accidental hypothermia before clinical worsening.\n\n\n1.            Relationship to service\n  1.           The existence in a person of any factor referred to in section 9, must be related to the relevant service rendered by the person.\n  2.           The clinical worsening aspect of factors set out in section 9 apply only to material contribution to, or aggravation of, accidental hypothermia where the person's accidental hypothermia was suffered or contracted before or during (but did not arise out of) the person's relevant service.\n2.            Factors referring to an injury or disease covered by another Statement of Principles\n\n\nIn this Statement of Principles:\n\n1.           if a factor referred to in section 9 applies in relation to a person; and\n2.           that factor refers to an injury or disease in respect of which a Statement of Principles has been determined under subsection 196B(3) of the VEA;\n\n\nthen the factors in that Statement of Principles apply in accordance with the terms of that Statement of Principles as in force from time to time.\n\n \n\n \n\nSchedule 1 - Dictionary  \n\nNote:               See Section 6\n\n1               Definitions\n\nIn this instrument:\n\n                               accidental hypothermia—see subsection 7(2).\n\n                             MRCA means the Military Rehabilitation and Compensation Act 2004.\n\n                             relevant service means:\n\n(a)          eligible war service (other than operational service) under the VEA;\n\n(b)          defence service (other than hazardous service and British nuclear test defence service) under the VEA; or\n\n(c)          peacetime service under the MRCA.\n\nNote: MRCA and VEA are also defined in the Schedule 1 - Dictionary.\n\n                             terminal event means the proximate or ultimate cause of death and includes the following:\n\n(a)           pneumonia;\n\n(b)           respiratory failure;\n\n(c)           cardiac arrest;\n\n(d)           circulatory failure; or\n\n(e)           cessation of brain function.\n\n                             VEA means the Veterans' Entitlements Act 1986.\n\n \n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains the same scope as its 2018 predecessor and the broader framework of Repatriation Medical Authority Statements of Principles. It continues to address accidental hypothermia specifically for non-operational service claims, using the same balance of probabilities test. The definition and factors remain consistent with the original intent of providing medical-scientific criteria for determining service connection of this specific condition."},"complexity_factors":["Short, focused instrument (approximately 1,500 words)","Only 5 defined terms in the Dictionary (accidental hypothermia, MRCA, relevant service, terminal event, VEA)","Simple binary structure: two alternative factors in section 9, either of which satisfies the test","Minimal cross-referencing — only refers to the parent Acts (VEA and MRCA) and the previous 2018 instrument being repealed","Single layer of conditions without nested exceptions","Clear delineation between covered service types (peacetime, eligible war service, defence service) and excluded types (operational, hazardous service)","Straightforward causal chain: factor exists → relates to service → compensation available"],"plain_english_summary":"This instrument sets the rules for compensating Australian veterans and defence members for accidental hypothermia—defined as an unintended core body temperature ≤35°C from cold exposure—by requiring claimants to prove, on the balance of probabilities, a connection between their hypothermia and their service.\n\nIt affects veterans and current/former defence personnel claiming under the VEA or MRCA, clarifies applicability outside operational/hazardous service, and matters because it broadens recognition to service-related vulnerabilities and deaths where hypothermia contributed to the final cause."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument expressly repeals the prior Statement (section 4) and replaces it, and it maintains application to claims under VEA s120B and MRCA s339 (section 5). The text supplies a standalone definition of accidental hypothermia and the qualifying factors (sections 7 and 9) but does not state any express expansion or narrowing of claimant classes or statutory application compared with the prior instrument. No explicit change of scope is set out in this instrument."},"complexity_factors":["Technical medical definition: precise core temperature threshold and exclusions for intentional or pharmacologic causes (subsection 7(2)).","Causation standard and burden: balance of probabilities linking condition to relevant service (section 8).","Limited set of qualifying factors but open-text examples: 'exposure to low environmental temperature' is broad and example-driven (section 9 and note to section 9).","Clinical-management criterion is fact‑sensitive and potentially subjective — 'inability to obtain appropriate clinical management before clinical worsening' (section 9).","Relationship-to-service requirement constrains application and distinguishes material contribution/aggravation vs. conditions suffered before service (section 10).","Cross-reference mechanism to other Statements of Principles can import additional medical links and complexity (section 11).","Administrative and statutory framing: repeal of prior Statement creates potential for transitional or interpretive issues though none are specified (section 4); application limited to specified claim types (section 5)."],"plain_english_summary":"This instrument replaces the 2018 Statement and sets the medical criteria the Repatriation Medical Authority uses to decide whether accidental hypothermia (core body temperature ≤35°C, excluding intentional or pharmacologic causes) and deaths from it are connected to a person’s relevant service for VEA s120B and MRCA s339 claims. It requires at least one linking factor—exposure to low environmental temperature at clinical onset or inability to obtain appropriate clinical management—and that the factor be related to the person’s relevant service (see sections 5, 7, 9, 10)."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-accidental-hypothermia-balance-of-probabilities-no-24-of-2026","history":"/api/acts/statement-of-principles-concerning-accidental-hypothermia-balance-of-probabilities-no-24-of-2026/history","analysis":"/api/acts/statement-of-principles-concerning-accidental-hypothermia-balance-of-probabilities-no-24-of-2026/analysis","conflicts":"/api/acts/statement-of-principles-concerning-accidental-hypothermia-balance-of-probabilities-no-24-of-2026/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-accidental-hypothermia-balance-of-probabilities-no-24-of-2026/important-cases","documents":"/api/acts/statement-of-principles-concerning-accidental-hypothermia-balance-of-probabilities-no-24-of-2026/documents"}}