Document ID: chunk:federal_register_of_legislation:F2020L01386:reg:9:p1
Version: federal_register_of_legislation:F2020L01386
Segment Type: reg
Provision Reference: reg 9 (pt 1/5)
Character Range: 3556–6388

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, tinnitus or death from tinnitus is connected with the circumstances of a person's relevant service:
(1)          being exposed to a peak sound pressure level at the tympanic membrane of at least 140 dB(C) before the clinical onset of tinnitus;
Note: dB(C) is defined in the Schedule 1 - Dictionary.
(2)          being exposed to a sound pressure level at the tympanic membrane of at least 85 dB(A) as an 8-hour time-weighted average (TWA) with a 3‑dB exchange rate for a cumulative period of at least six months before the clinical onset of tinnitus;
            Note: dB(A) and time-weighted average (TWA) with a 3-dB exchange rate are defined in the Schedule 1 - Dictionary.
(3)          having blunt trauma, penetrating trauma or surgery to an auditory structure or central auditory neural pathway, within the five years before the clinical onset of tinnitus;
Note 1: Examples of trauma include temporal bone fracture and basilar skull fracture.
Note 2: auditory structure is defined in the Schedule 1 - Dictionary.
(4)          having sensorineural hearing loss or conductive hearing loss at the time of the clinical onset of tinnitus;
(5)          taking a drug from the specified list of drugs within the 30 days before the clinical onset of tinnitus;
Note: specified list of drugs is defined in the Schedule 1 - Dictionary.
(6)          taking a drug which is associated in the individual with:
(a)                         the development of tinnitus within 30 days of commencing drug therapy; and
(b)           a decrease in tinnitus within days or weeks of discontinuing or tapering drug therapy; and
where treatment with the drug continued for at least the three days before the clinical onset of tinnitus;
(7)          having inner ear exposure to a chemical agent from the specified list of chemical agents within the 30 days before the clinical onset of tinnitus;
            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.
(8)          having a vascular, muscular or other anatomical source of sound that can be transmitted to the affected ear at the time of the clinical onset of tinnitus;
            Note: vascular, muscular or other anatomical source of sound is defined in the Schedule 1 - Dictionary.
(9)          having a reduced supply of blood to an auditory structure of the affected ear at the time of the clinical onset of tinnitus;
            Note 1: Examples of causes of a reduced supply of blood to an auditory structure include coagulation disorders, embolism, thrombosis, haemorrhage