{"id":"F2018L00014","name":"Statement of Principles concerning frostbite (Balance of Probabilities) (No. 12 of 2018)","slug":"statement-of-principles-concerning-frostbite-balance-of-probabilities-no-12-of-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439451,"registerId":"F2018L00014-fast-fetch-1775955471896","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning frostbite (Balance of Probabilities) (No. 12 of 2018)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n\n\n \n\nStatement of Principles\n\nconcerning\n\nFROSTBITE (Balance of Probabilities)\n\n(No. 12 of 2018)\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 22 December 2017\n\n \n\n \n\n \n\n \n\n \n\n| The Common Seal of the Repatriation Medical Authority was affixed to this instrument at the direction of:
|\n| --- |\n| 
Professor Nicholas Saunders AO
Chairperson
|\n\n\n \n\n \n\n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Revocation\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\n1 Name\n\nThis is the Statement of Principles concerning frostbite (Balance of Probabilities) (No. 12 of 2018).\n\n2 Commencement\n\n This instrument commences on 29 January 2018.\n\n3 Authority\n\nThis instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.\n\n4 Revocation\n\nThe Statement of Principles concerning frostbite No. 24 of 2009, made under subsection 196B(3) of the VEA is revoked.\n\n5 Application\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\n6 Definitions\n\nThe terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.\n\n7 Kind of injury, disease or death to which this Statement of Principles relates\n\n(1) This Statement of Principles is about frostbite and death from frostbite.\n\nMeaning of frostbite\n\n(2) For the purposes of this Statement of Principles, frostbite:\n\n(a) means a thermal injury involving the freezing of skin, subcutaneous tissues or deep tissues; and\n\n(b) excludes hypothermia and other cold injuries not associated with the freezing of tissues.\n\n(3) While frostbite attracts ICD‑10‑AM code T33, T34 or T35, in applying this Statement of Principles the meaning of frostbite is that given in subsection (2).\n\n(4) 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\nDeath from frostbite\n\n(5) For the purposes of this Statement of Principles, frostbite, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's frostbite.\n\nNote: terminal event is defined in the Schedule 1 – Dictionary.\n\n8 Basis for determining the factors\n\nOn the sound medical‑scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that frostbite and death from frostbite 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\n9 Factors that must exist\n\nAt least one of the following factors must exist before it can be said that, on the balance of probabilities, frostbite or death from frostbite is connected with the circumstances of a person's relevant service:\n\n(1) exposing the affected part of the body to freezing temperatures within the 24 hours before the clinical onset of frostbite;\n\n(2) inability to obtain appropriate clinical management for frostbite.\n\n10 Relationship to service\n\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\n(2) The factor set out in subsection 9(2) applies only to material contribution to, or aggravation of, frostbite where the person's frostbite was suffered or contracted before or during (but did not arise out of) the person's relevant service.\n\n11 Factors referring to an injury or disease covered by another Statement of Principles\n\nIn this Statement of Principles:\n\n(1) if a factor referred to in section 9 applies in relation to a person; and\n\n(2) 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\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\nSchedule 1 - Dictionary \n\nNote: See Section 6\n\n1 Definitions\n\nIn this instrument:\n\n frostbite—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":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument revokes the earlier Statement No. 24 of 2009 but, on its face, addresses the same subject matter (frostbite and death from frostbite) and limits service connection to the same classes of claims (VEA/MRCA). It clarifies definitional and evidentiary rules (24‑hour exposure, treatment-access exception) but does not on its text plainly expand or contract the categories of persons covered."},"complexity_factors":["Narrow clinical definition of frostbite and explicit exclusion of other cold injuries (s7(2)) and link to ICD-10-AM codes (s7(3)-(4)).","Single, tight temporal exposure rule: freezing exposure within 24 hours before clinical onset (s9(1)) increases evidentiary precision but requires medical timelines.","Alternative factor of inability to obtain appropriate clinical management is available but limited to material contribution/aggravation for pre-existing cases (s9(2), s10(2)), creating a conditional exception.","Standard of proof set as balance of probabilities informed by the RMA's view of available medical‑scientific evidence (s8)—administrative medical judgment centralises decision-making.","Applies only to claims under specified VEA and MRCA provisions (s5; Schedule 1 definitions) — narrow statutory scope for claimants.","Interaction with other Statements of Principles where factors reference other injuries/diseases (s11) adds cross-instrument dependency.","Revocation of the prior Statement (s4) requires claim handlers to apply the new instrument from its commencement date (s2).","Definition of death from frostbite includes contribution to terminal events (Schedule 1), which broadens causal linkage assessment in mortality cases."],"plain_english_summary":"This instrument replaces the earlier Statement and sets the medical test the Repatriation Medical Authority uses to decide whether frostbite (freezing injury of skin, subcutaneous or deep tissues) and death from it are connected to a person's relevant veteran service for VEA or MRCA claims. It defines frostbite (excluding hypothermia) and includes death if frostbite contributed to a terminal event.\n\nA service connection is made, on the balance of probabilities, if the claimant shows either freezing exposure of the affected part within 24 hours before clinical onset, or an inability to obtain appropriate clinical management (with limits)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow purpose. It replaces the 2009 frostbite Statement of Principles with updated medical coding references (ICD-10-AM Tenth Edition) but does not expand beyond determining causation for frostbite claims. The scope remains tightly confined to this specific cold injury."},"complexity_factors":["Short, focused instrument (approximately 1,500 words)","Only 5 defined terms in the Dictionary (frostbite, MRCA, relevant service, terminal event, VEA)","Simple binary structure: two alternative factors in section 9, with one limitation in section 10(2)","Single cross-reference mechanism in section 11 (referencing other Statements of Principles)","Minimal conditional logic — primarily 'at least one of the following' and one temporal limitation (24 hours)","No nested exceptions or complex definitional chains","Clear purpose-built scope — applies only to frostbite and death from frostbite"],"plain_english_summary":"This Statement of Principles sets the medical test for whether frostbite (or death from it) is service-related for veterans and ADF members pursuing claims under the VEA or MRCA. \n\nIt requires proving, on the balance of probabilities, either freezing exposure of the affected part within 24 hours before onset, or that service prevented appropriate treatment of pre‑existing or incipient frostbite; it replaces the 2009 version."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-frostbite-balance-of-probabilities-no-12-of-2018","history":"/api/acts/statement-of-principles-concerning-frostbite-balance-of-probabilities-no-12-of-2018/history","analysis":"/api/acts/statement-of-principles-concerning-frostbite-balance-of-probabilities-no-12-of-2018/analysis","conflicts":"/api/acts/statement-of-principles-concerning-frostbite-balance-of-probabilities-no-12-of-2018/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-frostbite-balance-of-probabilities-no-12-of-2018/important-cases","documents":"/api/acts/statement-of-principles-concerning-frostbite-balance-of-probabilities-no-12-of-2018/documents"}}