Document ID: chunk:federal_register_of_legislation:F2022C00893:reg:9:p1
Version: federal_register_of_legislation:F2022C00893
Segment Type: reg
Provision Reference: reg 9 (pt 1/6)
Character Range: 5259–8152

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 tinnitus or death from tinnitus 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 smoked at least ten pack-years of tobacco products before the clinical onset of tinnitus, and where smoking has ceased, the clinical onset of tinnitus has occurred within five years of cessation;
            Note: one pack-year is defined in the Schedule 1 - Dictionary.
(8)          being exposed to second-hand smoke:
(a)          for at least 2,500 hours before the clinical onset of tinnitus; and
(b)          where the first exposure to second-hand smoke commenced at least five years before the clinical onset of tinnitus; and
(c)          where the last exposure to second-hand smoke occurred within the two years before the clinical onset of tinnitus;
            Note: being exposed to second-hand smoke is defined in the Schedule 1 - Dictionary.
(9)          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