Document ID: chunk:federal_register_of_legislation:F2021L01402:reg:9
Version: federal_register_of_legislation:F2021L01402
Segment Type: reg
Provision Reference: reg 9
Character Range: 3813–5630

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 pancreas or death from malignant neoplasm of the pancreas is connected with the circumstances of a person's relevant service:

(1)          having smoked tobacco products:
(a)          in an amount of at least 20 pack-years before the clinical onset of malignant neoplasm of the pancreas; and
(b)          commencing at least 10 years before the clinical onset of malignant neoplasm of the pancreas; and

if smoking has ceased before the clinical onset of malignant neoplasm of the pancreas, then that onset occurred within 15 years of cessation;
Note: one pack-year is defined in the Schedule 1 - Dictionary.

(2)          the oral use of smokeless tobacco:
(a)           on more days than not; and
(b)          for at least 40 years before the clinical onset of malignant neoplasm of the pancreas; and

if the oral use of smokeless tobacco has ceased before the clinical onset of malignant neoplasm of the pancreas, then that onset occurred within 15 years of cessation;
         Note: smokeless tobacco is defined in the Schedule 1 - Dictionary.

(3)          being overweight or obese for at least 10 years within the 30 years before the clinical onset of malignant neoplasm of the pancreas;
         Note: being overweight or obese is defined in the Schedule 1 - Dictionary.

(4)          having diabetes mellitus for at least 10 years before the clinical onset of malignant neoplasm of the pancreas;

(5)          having chronic pancreatitis for at least 5 years before the clinical onset of malignant neoplasm of the pancreas;

(6)          inability to obtain appropriate clinical management for malignant neoplasm of the pancreas.