{"id":"F2026L00147","name":"Statement of Principles concerning accidental hypothermia (Reasonable Hypothesis) (No. 23 of 2026)","slug":"statement-of-principles-concerning-accidental-hypothermia-reasonable-hypothesis-no-23-of-2026","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443156,"registerId":"F2026L00147-fast-fetch-1775958066104","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning accidental hypothermia (Reasonable Hypothesis) (No. 23 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  (Reasonable Hypothesis)\n\n(No. 23 of 2026)\n\nThe Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(2) 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   \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 (Reasonable Hypothesis) (No. 23 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(2) of the Veterans' Entitlements Act 1986.\n\n1.                Repeal\n\n\nThe Statement of Principles concerning accidental hypothermia (Reasonable Hypothesis) (No. 21 of 2018) (Federal Register of Legislation No. F2018L00200) made under subsection 196B(2) of the VEA is repealed.\n\n1.                Application\n\n\nThis instrument applies to a claim to which section 120A of the VEA or section 338 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.\n2.           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).\n3.           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\nThe Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that accidental hypothermia and death from accidental hypothermia can be related to relevant service rendered by veterans, members of Peacekeeping Forces, 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 as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting accidental hypothermia or death from accidental hypothermia 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(2) 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)          operational service under the VEA;\n\n(b)          peacekeeping service under the VEA;\n\n(c)          hazardous service under the VEA;\n\n(d)          British nuclear test defence service under the VEA;\n\n(e)          warlike service under the MRCA; or\n\n(f)           non-warlike service under the MRCA.\n\nNote: MRCA and VEA are 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":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains the same narrow scope as its 2018 predecessor. It remains focused solely on establishing the medical criteria for linking accidental hypothermia to military service. The 2026 update appears to be a routine republication with updated numbering and references rather than an expansion of scope."},"complexity_factors":["Short, focused instrument (approximately 1,500 words)","Only 7 defined terms in the Dictionary (Schedule 1)","Simple binary structure: two alternative factors in section 9 (exposure OR inability to obtain management)","Minimal cross-referencing - only refers to parent Acts (VEA and MRCA) for service definitions","Single medical condition focus (accidental hypothermia) with clear exclusion criteria","No nested exceptions or conditional logic beyond basic 'at least one factor must exist' requirement","Straightforward repeal and replacement of previous 2018 instrument"],"plain_english_summary":"This instrument sets the medical rules for when Australian veterans and defence members can claim compensation for accidental hypothermia, defining it as unintended core temperature ≤35°C from cold exposure (excluding drug-induced or deliberate cooling) and requiring cold exposure or lack of timely treatment tied to military service.\n\nIt applies to claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, guides the Repatriation Medical Authority’s \"reasonable hypothesis\" decisions, and determines entitlement to pensions or compensation; it replaces the 2018 version and clarifies non-training contexts for cold exposure."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument repeals the 2018 Statement (s4) and replaces it but retains a focused scope: it applies to claims under section 120A of the VEA or section 338 of the MRCA (s5), defines accidental hypothermia narrowly (s7(2)) and limits qualifying factors to exposure or failure to obtain appropriate clinical management (s9). The relationship-to-service rules (s10) and cross-reference mechanism to other Statements (s11) are maintained; no explicit expansion of claimant groups or new categories of injury is stated."},"complexity_factors":["Technical medical definition: sets a core temperature threshold and exclusions (accidental vs intentionally induced or toxicologic causes) (s7(2)).","Causation standard: uses the legal evidentiary threshold 'reasonable hypothesis' and requires at least one listed factor to be present (s9).","Narrow list of qualifying factors: primarily exposure to low environmental temperature or inability to obtain appropriate clinical management (s9).","Death linkage: includes deaths from terminal events that were contributed to by accidental hypothermia, widening causal pathways to listed terminal causes (Schedule 1 – terminal event; s7(4)).","Relationship-to-service rules: factors must be related to relevant service; clinical worsening rules limit application where condition was suffered before/during but did not arise out of service (s10).","Cross-references to other Statements of Principles: if a factor refers to another injury/disease covered by another SOP, that SOP applies as in force (s11).","Use of an external clinical classification (ICD-10-AM) as an interpretive reference (s7(3)), creating reliance on a medical coding standard.","Statutory scope and administration: repeals prior 2018 Statement and specifies commencement date and claim applicability under defined VEA/MRCA provisions (ss2,4,5)."],"plain_english_summary":"This Statement of Principles sets the medical definition of \"accidental hypothermia\" and the factual criteria that must exist to raise a reasonable hypothesis linking the condition (or death contributed to by it) to a person's military, peacekeeping or other relevant service. It applies to claims under the VEA and MRCA, replaces the 2018 Statement, and determines when veterans or service members may be entitled to benefits for accidental hypothermia."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-accidental-hypothermia-reasonable-hypothesis-no-23-of-2026","history":"/api/acts/statement-of-principles-concerning-accidental-hypothermia-reasonable-hypothesis-no-23-of-2026/history","analysis":"/api/acts/statement-of-principles-concerning-accidental-hypothermia-reasonable-hypothesis-no-23-of-2026/analysis","conflicts":"/api/acts/statement-of-principles-concerning-accidental-hypothermia-reasonable-hypothesis-no-23-of-2026/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-accidental-hypothermia-reasonable-hypothesis-no-23-of-2026/important-cases","documents":"/api/acts/statement-of-principles-concerning-accidental-hypothermia-reasonable-hypothesis-no-23-of-2026/documents"}}