Document ID: chunk:federal_register_of_legislation:F2019L01095:reg:9:p1
Version: federal_register_of_legislation:F2019L01095
Segment Type: reg
Provision Reference: reg 9 (pt 1/3)
Character Range: 3507–6752

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, conductive hearing loss or death from conductive hearing loss is connected with the circumstances of a person's relevant service:

         (1)          having otosclerosis on the affected side at the time of the clinical onset of conductive hearing loss;

         (2)          having a disease from the specified list of bone diseases, involving the conductive hearing apparatus of the affected side, at the time of the clinical onset of conductive hearing loss;
Note: conductive hearing apparatus and specified list of bone diseases are defined in the Schedule 1 - Dictionary.

         (3)          having an episode of otitic barotrauma involving the affected ear, within the seven days before the clinical onset of conductive hearing loss;

         (4)          being exposed to a peak sound pressure level at the tympanic membrane of at least 140 dB(C), within the seven days before the clinical onset of conductive hearing loss;
Note: dB(C) is defined in the Schedule 1 - Dictionary.

         (5)          being exposed to an explosive blast within the seven days before the clinical onset of conductive hearing loss;

         (6)          being struck by lightning within the seven days before the clinical onset of conductive hearing loss;

         (7)          having blunt trauma, penetrating trauma or surgery, involving the conductive hearing apparatus of the affected ear, within the seven days before the clinical onset of conductive hearing loss;

Note: conductive hearing apparatus is defined in the Schedule 1 - Dictionary.

         (8)          having acquired, permanent narrowing or obstruction of the external auditory canal of the affected ear, at the time of the clinical onset of conductive hearing loss;

             Note 1:  Examples of causes of narrowing or obstruction of the external auditory canal include, but are not limited to:
                (a)        benign fibro-osseous lesion;
                (b)       benign or malignant neoplasm;
                (c)        chronic otitis externa;
                (d)       exostosis of the external auditory canal;
                (e)        granuloma; and
                (f)        necrotising otitis externa.
Note 2: exostosis of the external auditory canal is defined in the Schedule 1 – Dictionary.

         (9)          having chronic otitis media, involving the middle ear of the affected side, at the time of the clinical onset of conductive hearing loss;

Note: chronic otitis media is defined in the Schedule 1 - Dictionary.
(10)      having:
(a)          a benign or malignant neoplasm; or
(b)          other mass lesion;
involving the middle ear of the affected side, at the time of the clinical onset of conductive  hearing loss;
            Note:  Examples of neoplasms or mass lesions involving the middle ear include, but are not limited to:
               (a)                       cholesteatoma;
               (b)       granuloma; and
               (c)         neuroendocrine adenoma.

         (11)      having a disease from the specified list of autoimmune diseases, at the time of the