Document ID: chunk:federal_register_of_legislation:F2022L00944:reg:9
Version: federal_register_of_legislation:F2022L00944
Segment Type: reg
Provision Reference: reg 9
Character Range: 3456–5630

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, hiatus hernia or death from hiatus hernia is connected with the circumstances of a person's relevant service:
(1)          having a surgical procedure that involves the region of the oesophageal hiatus or affects the structures supporting the oesophageal hiatus, within the 2 years before the clinical onset of hiatus hernia;
Note: Examples of surgical procedures that can involve the region of the oesophageal hiatus or affect the structures supporting the oesophageal hiatus include bariatric surgery, coronary artery bypass grafting, gastrectomy, oesophagectomy and pulmonary lobe resection.
(2)          having a blunt or penetrating injury, excluding a surgical procedure, to the region of the oesophageal hiatus, within the 2 years before the clinical onset of hiatus hernia;
(3)          being obese for at least the 2 years before the clinical onset of hiatus hernia;
Note: being obese is defined in the Schedule 1 – Dictionary.
(4)          being pregnant at the time of the clinical onset of hiatus hernia;
(5)          having a surgical procedure that involves the region of the oesophageal hiatus or affects the structures supporting the oesophageal hiatus, within the 2 years before the clinical worsening of hiatus hernia;
Note: Examples of surgical procedures that can involve the region of the oesophageal hiatus or affect the structures supporting the oesophageal hiatus include bariatric surgery, coronary artery bypass grafting, gastrectomy, oesophagectomy and pulmonary lobe resection.
(6)          having a blunt or penetrating injury, excluding a surgical procedure, to the region of the oesophageal hiatus, within the 2 years before the clinical worsening of hiatus hernia;
(7)          being obese for at least the 2 years before the clinical worsening of hiatus hernia;
Note: being obese is defined in the Schedule 1 – Dictionary.
(8)          being pregnant at the time of the clinical worsening of hiatus hernia;
(9)          inability to obtain appropriate clinical management for hiatus hernia.