Document ID: chunk:federal_register_of_legislation:F2019L01102:reg:9
Version: federal_register_of_legislation:F2019L01102
Segment Type: reg
Provision Reference: reg 9
Character Range: 4118–6997

9               Factors that must exist
At least one of the following factors must exist before it can be said that, on the balance of probabilities, obstructive and reflux nephropathy or death from obstructive and reflux nephropathy is connected with the circumstances of a person's relevant service:
(1)          having upper urinary tract obstruction, due to partial or complete blockage of the renal pelvicalyceal system, ureter or ureteropelvic junction on the affected side, before the clinical onset of obstructive and reflux nephropathy;
            Note: Examples of causes of upper urinary tract obstruction include, but are not limited to, renal stone disease, benign or malignant neoplasm, faecal impaction, and complications of an indwelling ureteric stent.
(2)          having lower urinary tract obstruction, due to partial or complete blockage of the bladder outlet or urethra, before the clinical onset of obstructive and reflux nephropathy;
            Note: Examples of causes of lower urinary tract obstruction include, but are not limited to, benign or malignant neoplasm of the prostate, bladder or urethra; benign prostatic hyperplasia; urethral sling; and urethral stricture or stenosis.
(3)          having a renal or ureteric transplant on the affected side, before the clinical onset of obstructive and reflux nephropathy;
(4)          having neurogenic bladder at the time of the clinical onset of obstructive and reflux nephropathy;
Note: neurogenic bladder is defined in the Schedule 1 - Dictionary.
(5)          having upper urinary tract obstruction, due to partial or complete blockage of the renal pelvicalyceal system, ureter or ureteropelvic junction on the affected side, before the clinical worsening of obstructive and reflux nephropathy;
            Note: Examples of causes of upper urinary tract obstruction include, but are not limited to, renal stone disease, benign or malignant neoplasm, faecal impaction, and complications of an indwelling ureteric stent.
(6)          having lower urinary tract obstruction, due to partial or complete blockage of the bladder outlet or urethra, before the clinical worsening of obstructive and reflux nephropathy;
            Note: Examples of causes of lower urinary tract obstruction include, but are not limited to, benign or malignant neoplasm of the prostate, bladder or urethra; benign prostatic hyperplasia; urethral sling; and urethral stricture or stenosis.
(7)          having a renal or ureteric transplant on the affected side, before the clinical worsening of obstructive and reflux nephropathy;
(8)          having neurogenic bladder at the time of the clinical worsening of obstructive and reflux nephropathy;
Note: neurogenic bladder is defined in the Schedule 1 - Dictionary.
(9)          inability to obtain appropriate clinical management for obstructive and reflux nephropathy.