{"id":"F2018L00013","name":"Statement of Principles concerning frostbite (Reasonable Hypothesis) (No. 11 of 2018)","slug":"statement-of-principles-concerning-frostbite-reasonable-hypothesis-no-11-of-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439449,"registerId":"F2018L00013-fast-fetch-1775955471893","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning frostbite (Reasonable Hypothesis) (No. 11 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 (Reasonable Hypothesis)\n\n(No. 11 of 2018)\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 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 (Reasonable Hypothesis) (No. 11 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(2) of the Veterans' Entitlements Act 1986.\n\n4 Revocation\n\nThe Statement of Principles concerning frostbite No. 23 of 2009, made under subsection 196B(2) of the VEA is revoked.\n\n5 Application\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\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\nThe Repatriation Medical Authority is of the view that there is sound medical‑scientific evidence that indicates that frostbite and death from frostbite 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\n9 Factors that must exist\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 frostbite or death from frostbite 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(2) 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\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) 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 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_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":4,"scope_assessment":{"changed":true,"description":"This instrument revokes the earlier Statement of Principles concerning frostbite No. 23 of 2009 (s4) and replaces it with updated definitions, an explicit ICD‑10‑AM code reference (s7(3)–(4)), an express inclusion of death contributed to by frostbite and defined terminal events (s7(5); Schedule), two specified minimal connecting factors (s9), and a clarified rule limiting the clinical‑management factor to frostbite suffered before or during but not arising out of service (s10(2)). It applies to claims under s120A of the VEA or s338 of the MRCA (s5)."},"complexity_factors":["Legal threshold and decision-maker: use of the \"reasonable hypothesis\" standard and the RMA's role under subsection 196B(2) of the VEA (Authority and header).","Medical definition and coding: specific technical definition of frostbite and explicit reference to ICD‑10‑AM codes (s7(2)–(4)).","Limited, conditional causal factors: only two minimal connecting factors are listed, one of which (inability to obtain appropriate clinical management) has a restricted application (s9, s10(2)).","Relationship-to-service linkage: factors must be related to the claimant’s relevant service, with defined categories of relevant service in the Schedule (s10; Schedule).","Interaction with other Statements: cross-reference mechanism where other Statements of Principles may apply to the same injury or disease (s11).","Application and scope: applies specifically to claims under section 120A of the VEA or section 338 of the MRCA, so interplay with those statutes matters for claimants (s5).","Revocation of prior instrument: this Statement revokes the previous frostbite Statement, indicating a change in governing text (s4).","Defined death linkage: inclusion of death from a terminal event contributed to by frostbite, with a defined list of terminal events (s7(5); Schedule)."],"plain_english_summary":"This instrument tells the Repatriation Medical Authority (RMA) what medical facts are enough to reasonably connect frostbite — including death contributed to by frostbite — with a person’s military, peacekeeping or other covered service. It defines frostbite, cites the ICD‑10‑AM codes, and sets minimum linking factors (for example, recent exposure to freezing temperatures or lack of appropriate clinical care) that must relate to the person’s relevant service. It affects veterans and service members claiming entitlements under the VEA or MRCA."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow scope. It is a specific, single-condition Statement of Principles replacing a 2009 predecessor of identical purpose. The scope remains tightly focused on establishing medical-scientific connection between frostbite and military service for compensation purposes, with no expansion into broader policy areas."},"complexity_factors":["Short, focused instrument (approximately 3 pages) dealing with single medical condition","Only 2 substantive factors in section 9 for establishing connection to service","Minimal cross-referencing — primarily refers to defined terms in Schedule 1 and external legislation (VEA, MRCA)","7 defined terms in the Dictionary, all straightforward medical or legislative references","Simple conditional structure: 'at least one of the following factors must exist'","Single nested limitation in section 10(2) restricting when the 'inability to obtain clinical management' factor applies","No exceptions to exceptions or deeply layered logic"],"plain_english_summary":"This Statement of Principles sets the medical and legal test for when frostbite is treated as connected to Australian military service, replacing the 2009 version. It applies to veterans and current/former defence members making claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004.\n\nIt matters because it is the gatekeeper for frostbite claims: claimants must meet the instrument’s criteria (e.g. service-related freezing exposure or lack of timely treatment) to establish service connection."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-frostbite-reasonable-hypothesis-no-11-of-2018","history":"/api/acts/statement-of-principles-concerning-frostbite-reasonable-hypothesis-no-11-of-2018/history","analysis":"/api/acts/statement-of-principles-concerning-frostbite-reasonable-hypothesis-no-11-of-2018/analysis","conflicts":"/api/acts/statement-of-principles-concerning-frostbite-reasonable-hypothesis-no-11-of-2018/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-frostbite-reasonable-hypothesis-no-11-of-2018/important-cases","documents":"/api/acts/statement-of-principles-concerning-frostbite-reasonable-hypothesis-no-11-of-2018/documents"}}