Document ID: chunk:federal_register_of_legislation:F2020L01396:reg:8
Version: federal_register_of_legislation:F2020L01396
Segment Type: reg
Provision Reference: reg 8
Character Range: 3043–5504

8               Factors that must exist
At least one of the following factors must exist before it can be said that, on the balance of probabilities, toxic vestibulopathy or death from toxic vestibulopathy is connected with the circumstances of a person's relevant service:
(1)          taking a drug from the specified list of drugs within the 30 days before the clinical onset of toxic vestibulopathy;
Note: specified list of drugs is defined in the Schedule 1 - Dictionary.
(2)          taking a drug which is associated in the individual with:
(a)           the development of toxic vestibulopathy within 30 days of commencing drug therapy; and
(b)           a decrease in the symptoms and signs of toxic vestibulopathy within three months of discontinuing or tapering drug therapy; and
         where treatment with the drug continued for at least the three days before the clinical onset of toxic vestibulopathy;
(3)          having inner ear exposure to a chemical agent from the specified list of chemical agents within the 30 days before the clinical onset of toxic vestibulopathy;
            Note 1: Inner ear exposure to a chemical agent will only occur in the presence of a defect in the tympanic membrane.
            Note 2: specified list of chemical agents is defined in the Schedule 1 - Dictionary.
(4)          taking a drug from the specified list of drugs within the 30 days before the clinical worsening of toxic vestibulopathy;
Note: specified list of drugs is defined in the Schedule 1 - Dictionary.
(5)          taking a drug which is associated in the individual with:
(a)           an increase in the symptoms or signs of toxic vestibulopathy during drug therapy; and
(b)           a decrease in the symptoms or signs of toxic vestibulopathy within three months of discontinuing or tapering drug therapy; and
         where treatment with the drug continued for at least the three days before the clinical worsening of toxic vestibulopathy;
(6)          having inner ear exposure to a chemical agent from the specified list of chemical agents within the 30 days before the clinical worsening of toxic vestibulopathy;
            Note 1: Inner ear exposure to a chemical agent will only occur in the presence of a defect in the tympanic membrane.
            Note 2: specified list of chemical agents is defined in the Schedule 1 - Dictionary.
(7)          inability to obtain appropriate clinical management for toxic vestibulopathy.