Document ID: chunk:federal_register_of_legislation:F2024L01043:reg:9
Version: federal_register_of_legislation:F2024L01043
Segment Type: reg
Provision Reference: reg 9
Character Range: 3904–6041

9               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 pathological fracture or death from pathological fracture with the circumstances of a person's relevant service:
(1)          having one of the following medical conditions involving the affected region of bone at the time of clinical onset:
(a)          benign neoplasm;
(b)          malignant primary or secondary neoplasm;
(c)          osteomalacia;
(d)          osteomyelitis;
(e)          osteonecrosis;
(f)           osteoporosis; or
(g)          Paget disease of bone;
Note: osteomalacia and osteonecrosis are defined in the Schedule 1 - Dictionary.
(2)          having ankylosing spondylitis at the time of clinical onset of vertebral pathological fracture;
(3)          smoking at least 5 cigarettes per day, or the equivalent thereof in other tobacco products, during treatment for fracture prior to fracture non-union;
Note 1: One gram of tobacco is considered to be equivalent to one cigarette.
Note 2: Fracture non-union is considered to be a clinical worsening of the pathological fracture.
(4)          having diabetes mellitus at the time of the fracture non-union;
Note: Fracture non-union is considered to be a clinical worsening of the pathological fracture.
(5)          having osteoporosis at the time of the fracture non-union;
Note: Fracture non-union is considered to be a clinical worsening of the pathological fracture.
(6)          having vitamin D deficiency, with a serum 25(OH)D level of less than 50 nanomoles per litre at the time of the fracture non-union;
Note: Fracture non-union is considered to be a clinical worsening of the pathological fracture.
(7)          having a Body Mass Index (BMI) of 40 or greater at the time of the fracture non-union;
Note 1: BMI is defined in the Schedule 1 - Dictionary.
Note 2: Fracture non-union is considered to be a clinical worsening of the pathological fracture.
(8)          inability to obtain appropriate clinical management for pathological fracture before clinical worsening.