Document ID: chunk:federal_register_of_legislation:F2022L01373:reg:8
Version: federal_register_of_legislation:F2022L01373
Segment Type: reg
Provision Reference: reg 8
Character Range: 2868–5878

8               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 diaphragmatic hernia or death from diaphragmatic hernia with the circumstances of a person's relevant service:
(1)          having a surgical procedure that involves the affected region of the diaphragm, excluding the oesophageal hiatus, within the 10 years before the clinical onset of diaphragmatic hernia;
Note: Examples of surgical procedures that can involve the affected region of the diaphragm include liver resection, debulking surgery in ovarian cancer, nephrectomy, biopsy of a lesion on the diaphragmatic peritoneum and coronary artery bypass grafting.
(2)          having acute trauma to the affected region of the diaphragm before the clinical onset of diaphragmatic hernia;
Note: Examples of acute trauma include falling from a height, motor vehicle accidents and gunshot or stab wounds.
(3)          having acute elevation of pressure within the abdominal cavity due to any one of the following:
(a)          Heimlich manoeuvre;
(b)          significant coughing;
(c)          significant physical effort; or
(d)          underwater diving with compressed air;
         within the 7 days before the clinical onset of diaphragmatic hernia;
(4)          having endometriosis involving the affected region of the diaphragm before the clinical onset of diaphragmatic hernia;
(5)          having a surgical procedure that involves the affected region of the diaphragm, excluding the oesophageal hiatus, within the 10 years before the clinical worsening of diaphragmatic hernia;
Note: Examples of surgical procedures that can involve the affected region of the diaphragm include liver resection, debulking surgery in ovarian cancer, nephrectomy, biopsy of a lesion on the diaphragmatic peritoneum and coronary artery bypass grafting.
(6)          having acute trauma to the affected region of the diaphragm before the clinical worsening of diaphragmatic hernia;
Note: Examples of acute trauma include falling from a height, motor vehicle accidents and gunshot or stab wounds.
(7)          having acute elevation of pressure within the abdominal cavity due to any one of the following:
(a)          Heimlich manoeuvre;
(b)          significant coughing;
(c)          significant physical effort; or
(d)          underwater diving with compressed air;
         within the 7 days before the clinical worsening of diaphragmatic hernia;
(8)          having endometriosis involving the affected region of the diaphragm before the clinical worsening of diaphragmatic hernia;
(9)          being obese for at least the 2 years before the clinical worsening of diaphragmatic hernia;
Note: being obese is defined in the Schedule 1 – Dictionary.
(10)      being pregnant within the 6 weeks before the clinical worsening of diaphragmatic hernia;
(11)      inability to obtain appropriate clinical management for diaphragmatic hernia.