Document ID: chunk:federal_register_of_legislation:F2022L00654:reg:9:p1
Version: federal_register_of_legislation:F2022L00654
Segment Type: reg
Provision Reference: reg 9 (pt 1/3)
Character Range: 3308–6415

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, seizure or death from seizure is connected with the circumstances of a person's relevant service:
(1)          having a moderate to severe traumatic brain injury within the 10 years before the clinical onset of seizure;
(2)          having concussion within the 3 months before the clinical onset of seizure;
(3)          having an electrical injury of the brain before the clinical onset of seizure;
            Note: Electrical injury of the brain excludes transcranial magnetic stimulation and electroconvulsive therapy.
(4)          having a surgical procedure which involves a craniotomy or cranioplasty within the 10 years before the clinical onset of seizure;
(5)          having cardiac surgery or extracorporeal membrane oxygenation at the time of the clinical onset of seizure;
(6)          having brain radiotherapy to treat primary or secondary brain neoplasia or to treat brain arteriovenous malformation before the clinical onset of seizure;
(7)          having an hypoxic cerebral insult within the 30 days before the clinical onset of seizure;
Note: hypoxic cerebral insult is defined in the Schedule 1 – Dictionary.
(8)          having a central nervous system vascular lesion from the specified list of central nervous system vascular lesions within the 10 years before the clinical onset of seizure;
            Note: specified list of central nervous system vascular lesions is defined in the Schedule 1 – Dictionary.
(9)          having autoimmune encephalitis at the time of the clinical onset of seizure;
            Note 1: Examples of diseases that can cause autoimmune encephalitis include granulomatosis with polyangiitis (Wegener granulomatosis), Hashimoto encephalopathy, multiple sclerosis, neuromyelitis optica, paraneoplastic neurological syndrome and systemic lupus erythematosus.
Note 2: autoimmune encephalitis is defined in the Schedule 1 – Dictionary.
(10)      having an infection of the brain or meninges within the 6 months before the clinical onset of seizure;
(11)      having infection with human immunodeficiency virus at the time of the clinical onset of seizure;
(12)      having septicaemia at the time of clinical onset of seizure;
(13)      having an intracranial space-occupying lesion within the 10 years before the clinical onset of seizure;
Note: intracranial space-occupying lesion is defined in the Schedule 1 – Dictionary.
(14)      having dementia as specified at the time of the clinical onset of seizure;
Note: dementia as specified is defined in the Schedule 1 – Dictionary.
(15)      having a medical condition affecting the brain from the specified list of medical conditions at the time of the clinical onset of seizure;
Note: specified list of medical conditions is defined in the Schedule 1 – Dictionary.
(16)      having alcohol intoxication, alcohol withdrawal or moderate to severe alcohol use disorder, at the time of the clinical onset of seizure;
            Note: alcohol intoxication,