Document ID: chunk:federal_register_of_legislation:F2022L00663:reg:9:p1
Version: federal_register_of_legislation:F2022L00663
Segment Type: reg
Provision Reference: reg 9 (pt 1/3)
Character Range: 3036–5861

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, morbid obesity or death from morbid obesity is connected with the circumstances of a person's relevant service:
(1)          having a caloric intake that is excessive for energy needs for at least the 5 years before the clinical onset of morbid obesity;
(2)          taking a drug from the specified list of drugs for at least the 6 months before the clinical onset of morbid obesity;
Note: specified list of drugs is defined in the Schedule 1 - Dictionary.
(3)          taking an antipsychotic drug, excluding aripiprazole and ziprasidone, for at least the 3 months before the clinical onset of morbid obesity;
(4)          taking at least 5 milligrams of prednisone per day, or equivalent glucocorticoid therapy, for at least the 3 months before the clinical onset of morbid obesity;
Note: equivalent glucocorticoid therapy is defined in the Schedule 1 - Dictionary.
(5)          having binge eating disorder or night eating syndrome for at least the 1 year before the clinical onset of morbid obesity;
            Note: binge eating disorder and night eating syndrome are defined in the Schedule 1 - Dictionary.
(6)          having a clinically significant disorder of mental health as specified for at least the 3 years before the clinical onset of morbid obesity;
Note: clinically significant disorder of mental health as specified is defined in the Schedule 1 – Dictionary.
(7)          having Cushing syndrome for at least the 3 months before the clinical onset of morbid obesity;
(8)          having hypothyroidism, including Hashimoto thyroiditis that has resulted in hypothyroidism, for at least the 3 months before the clinical onset of morbid obesity;
(9)          having a hypothalamic disorder causing excessive eating for at least the 3 months before the clinical onset of morbid obesity;
Note: hypothalamic disorder is defined in the Schedule 1 - Dictionary.
(10)      inability to sleep for an average of more than 5 hours per night for at least the 5 years before the clinical onset of morbid obesity;
(11)      undertaking night shift work on at least 500 occasions within a continuous period of at least the 5 years before the clinical onset of morbid obesity;
Note: night shift work is defined in the Schedule 1 - Dictionary.
(12)      in a person with a prior history of a regular smoking habit as specified, permanently ceasing to smoke within the 2 years before the clinical onset of morbid obesity;
Note: regular smoking habit as specified is defined in the Schedule 1 - Dictionary.
(13)      experiencing severe childhood abuse before the clinical onset of morbid obesity;
Note: severe childhood abuse is defined in the Schedule 1 - Dictionary.
(14)