Document ID: chunk:federal_register_of_legislation:F2018L00540:reg:9:p1
Version: federal_register_of_legislation:F2018L00540
Segment Type: reg
Provision Reference: reg 9 (pt 1/4)
Character Range: 4183–6970

9               Factors that must exist
At least one of the following factors must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting herpes simplex or death from herpes simplex with the circumstances of a person's relevant service:
(1)          being exposed to HSV-1 or HSV-2 within the 30 days before the clinical onset of herpes simplex;
Note: being exposed to HSV-1 or HSV-2 is defined in the Schedule 1 - Dictionary.
(2)          having a severe thermal burn within the 30 days before the clinical onset of herpes simplex;
Note: severe thermal burn is defined in the Schedule 1 - Dictionary.
(3)          having a thermal or chemical burn within the seven days before the clinical onset of herpes simplex at or close to the site of the burn;
Note: close to the site is defined in the Schedule 1 - Dictionary.
(4)          being in an immunocompromised state as specified at the time of the clinical onset of herpes simplex;
Note: immunocompromised state as specified is defined in the Schedule 1 - Dictionary.
(5)          having surgery to nerve root ganglia within the 30 days before the clinical onset of herpes simplex, where the cutaneous distribution of herpes simplex corresponds with the nerve roots which were manipulated during surgery;
(6)          being exposed to sunlight or ultraviolet light at a level sufficient to induce at least mild erythema, within the seven days before the clinical onset of herpes simplex;
(7)          being pregnant at the time of the clinical onset of herpes simplex;
(8)          for acute herpes simplex encephalitis or acute herpes simplex retinal necrosis only, having surgery to the brain within the 30 days before the clinical onset of herpes simplex;
(9)          for orofacial herpes simplex only:
(a)          having surgery to the face within the 30 days before the clinical onset of herpes simplex;
(b)          having an upper respiratory tract infection within the seven days before the clinical onset of herpes simplex; or
(c)          having a fever of at least 39 degrees Celsius in the 72 hours before the clinical onset of herpes simplex;
Note: surgery to the face is defined in the Schedule 1 - Dictionary.
(10)      for orofacial herpes simplex or genital herpes simplex only, having a category 2 stressor at the time of the clinical onset of herpes simplex;
Note: category 2 stressor is defined in the Schedule 1 - Dictionary.
(11)      for herpes simplex of the cornea (herpes simplex keratitis) only:
(a)          having cataract surgery within the six weeks before the clinical onset of herpes simplex;
(b)          having a corneal transplant, where the donor cornea is infected with HSV-1 or HSV-2, within the 30 days before the clinical onset of herpes simplex;
(c)