Document ID: chunk:federal_register_of_legislation:F2023L01175:reg:9:p1
Version: federal_register_of_legislation:F2023L01175
Segment Type: reg
Provision Reference: reg 9 (pt 1/2)
Character Range: 4061–6948

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, malignant neoplasm of the breast or death from malignant neoplasm of the breast is connected with the circumstances of a person's relevant service:
(1)          having received a cumulative equivalent dose of at least 0.5 sievert  of ionising radiation to the breast at least 10 years before the clinical onset of malignant neoplasm of the breast;
Note: cumulative equivalent dose is defined in the Schedule 1 - Dictionary.
(2)          taking menopausal hormone therapy for at least 2 years before the clinical onset of malignant neoplasm of the breast, and if the use of menopausal hormone therapy has ceased before the clinical onset of malignant neoplasm of the breast, then that onset occurred within 5 years of cessation;
Note: menopausal hormone therapy is defined in the Schedule 1 - Dictionary.
(3)          using a combined oral contraceptive pill containing both estrogen and a progestogen:
(a)          for a continuous period of between 2 and 5 years where:
                 (i)            usage commenced at least 5 years before the clinical onset of malignant neoplasm of the breast; and
                 (ii)         if usage has ceased before the clinical onset of malignant neoplasm of the breast, then that onset occurred within 10 years of cessation; or
(b)          for a continuous period of at least 5 years where:
                 (i)            usage commenced at least 5 years before the clinical onset of malignant neoplasm of the breast; and
                 (ii)         if usage has ceased before the clinical onset of malignant neoplasm of the breast, then that onset occurred within 15 years of cessation;
(4)          taking diethylstilbestrol while pregnant before the clinical onset of malignant neoplasm of the breast;
(5)          for parous females only, inability to breast feed for a cumulative period of at least 3 months before the clinical onset of malignant neoplasm of the breast;
Note 1: The period of breastfeeding could be cumulative over a number of pregnancies.
Note 2: parous is defined in the Schedule 1 – Dictionary.
(6)          for females aged over 35 years only, being nulliparous at the time of the clinical onset of malignant neoplasm of the breast;
Note: nulliparous is defined in the Schedule 1 – Dictionary.
(7)          being pregnant within the 25 years before the clinical onset of malignant neoplasm of the breast;
(8)          having a first live birth after the age of 30 years or having a first full-term pregnancy after the age of 30 years, before the clinical onset of malignant neoplasm of the breast;
(9)          for females only, having smoked tobacco products:
(a)           in an amount of at least 15 pack-years before the clinical onset of malignant neoplasm