Document ID: chunk:federal_register_of_legislation:F2023L00003:reg:9
Version: federal_register_of_legislation:F2023L00003
Segment Type: reg
Provision Reference: reg 9
Character Range: 4616–6062

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, malignant neoplasm of the prostate or death from malignant neoplasm of the prostate is connected with the circumstances of a person's relevant service:
(1)          being exposed to arsenic as specified before the clinical onset of malignant neoplasm of the prostate, where the first exposure to arsenic occurred at least 10 years before the clinical onset of malignant neoplasm of the prostate;
Note: being exposed to arsenic as specified is defined in the Schedule 1 - Dictionary.
(2)          having smoked tobacco products:
(a)          in an amount of at least  15 pack-years before the clinical worsening of malignant neoplasm of the prostate; and
(b)          commencing at least 5 years before the clinical worsening of malignant neoplasm of the prostate; and
if smoking has ceased before the clinical worsening of malignant neoplasm of the prostate, then that worsening occurred within 10 years of cessation;
Note: one pack-year is defined in the Schedule 1 – Dictionary.
(3)          being obese for at least 10 years within the 20 years before the clinical worsening of malignant neoplasm of the prostate;

            Note: being obese is defined in the Schedule 1 – Dictionary.
(4)          inability to obtain appropriate clinical management for malignant neoplasm of the prostate.