Document ID: chunk:federal_register_of_legislation:F2024L00754:reg:9:p1
Version: federal_register_of_legislation:F2024L00754
Segment Type: reg
Provision Reference: reg 9 (pt 1/2)
Character Range: 4087–7348

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, gastric ulcer and gastric erosion or death from gastric ulcer and gastric erosion is connected with the circumstances of a person's relevant service:
(1)          having Helicobacter pylori infection of the stomach at the time of clinical onset or clinical worsening;
(2)           having an infection of the gastric mucosa by one of the following organisms:

            (a)          Anisakis simplex (causing anisakiasis);
            (b)          cytomegalovirus;
            (c)          herpes simplex virus;
            (d)          fungi (such as Candida species or Mucormycetes);
            (e)          Helicobacter heilmannii;
            (f)           Mycobacterium tuberculosis;
            (g)          Strongyloides stercoralis (causing strongyloidiasis); or
            (h)          Treponema pallidum (causing syphilis);

         at the time of clinical onset or clinical worsening;
(3)          having a critical illness or injury within the 14 days before clinical onset or clinical worsening;
Note: critical illness or injury is defined in the Schedule 1 - Dictionary.
(4)          undergoing a course of radiotherapy for cancer, where the stomach or duodenum was in the field of radiation, within the 6 months before clinical onset or clinical worsening;
(5)          undergoing 90Yttrium microsphere therapy for primary and metastatic liver tumours, within the 6 months before clinical onset or clinical worsening;
(6)          having contact with a nasogastric tube or other foreign objects or extraneous material at the site of the ulcer or erosion at the time of clinical onset or clinical worsening;
(7)          having partial gastrectomy within the 5 years before clinical onset or clinical worsening;
(8)          having endoscopic mucosal resection or endoscopic sub-mucosal dissection of the gastric mucosa at the time of clinical onset or clinical worsening;
(9)          having bariatric surgery involving sleeve gastrectomy or gastric banding within the 5 years before clinical onset or clinical worsening;
(10)      having a gastrin-secreting tumour at the time of clinical onset or clinical worsening;
(11)      smoking at least 10 cigarettes per day, or the equivalent thereof in other tobacco products, for at least 1 year within the 1.5 years before clinical onset or clinical worsening;
(12)      being treated with a non-topical non-steroidal anti-inflammatory drug, or aspirin, at least every other day during a continuous period of at least 14 days, within the 3 months before clinical onset or clinical worsening;
(13)      being treated with an antineoplastic agent within the 3 months before clinical onset or clinical worsening;
Note: antineoplastic agent is defined in the Schedule 1 - Dictionary.
(14)      having a solid organ or bone marrow transplant before clinical onset or clinical worsening;
(15)      being treated with one of the following drugs or class of drugs at the time of clinical onset or clinical worsening:
(a)          bisphosphonate, including alendronate;
(b)          chemotherapeutic agents delivered by hepatic arterial infusion; or
(c)