Document ID: chunk:federal_register_of_legislation:F2014L00925:body:0:p2
Version: federal_register_of_legislation:F2014L00925
Segment Type: other
Provision Reference: 
Character Range: 2748–5818

onset of hiatus hernia; or

         (d)               having a penetrating or blunt wound, excluding a surgical procedure, to the region of the oesophageal hiatus of the diaphragm, within the two years before the clinical onset of hiatus hernia; or

         (e)               undergoing bariatric surgery, pulmonary resection or lobectomy, or a surgical procedure involving the region of the oesophageal hiatus of the diaphragm, excluding Nissen fundoplication or surgical hiatus hernia repair procedure, within the one year before the clinical worsening of hiatus hernia; or

         (f)                undergoing a partial or total gastrectomy within the three months before the clinical worsening of hiatus hernia; or

         (g)               being obese for a continuous period of at least the two years before the clinical worsening of hiatus hernia; or

         (h)               having a penetrating or blunt wound, excluding a surgical procedure, to the region of the oesophageal hiatus of the diaphragm, within the two years before the clinical  worsening of hiatus hernia; or

         (i)                 being pregnant at the time of the clinical worsening of hiatus hernia; or

         (j)                 inability to obtain appropriate clinical management for hiatus hernia.

Factors that apply only to material contribution or aggravation

7. Paragraphs 6(e) to 6(j) apply only to material contribution to, or aggravation of, hiatus hernia where the person's hiatus hernia was suffered or contracted before or during (but not arising out of) the person's relevant service.

Inclusion of Statements of Principles

8.                   In this Statement of Principles if a relevant factor applies and that factor includes an injury or disease in respect of which there is a Statement of Principles then the factors in that last mentioned Statement of Principles apply in accordance with the terms of that Statement of Principles as in force from time to time.

Other definitions

9.                   For the purposes of this Statement of Principles:

    "being obese" means an increase in body weight by way of fat accumulation which results in a Body Mass Index (BMI) of 30 or greater.

The BMI = W/H2 and where:
W is the person's weight in kilograms; and
H is the person's height in metres;

"death from hiatus hernia" in relation to a person includes death from a terminal event or condition that was contributed to by the person's hiatus hernia;

    "ICD-10-AM code" means a number assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, 10th Revision, Australian Modification (ICD-10-AM), Eighth Edition, effective date of 1 July 2013, copyrighted by the Independent Hospital Pricing Authority, and having ISBN 978-1-74128-213-9;

"relevant service" means:

(a) eligible war service (other than operational service) under the VEA;
         (b) defence service (other than hazardous service and British nuclear test defence service) under the VEA; or
(c)