Document ID: chunk:federal_register_of_legislation:F2018L01178:reg:9:p1
Version: federal_register_of_legislation:F2018L01178
Segment Type: reg
Provision Reference: reg 9 (pt 1/2)
Character Range: 4571–7733

9               Factors that must exist
At least one of the following factors must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting bronchiolitis obliterans organising pneumonia or death from bronchiolitis obliterans organising pneumonia with the circumstances of a person's relevant service:
(1)          taking a drug or a drug from a class of drugs from the specified list of drugs, at the time of the clinical onset of bronchiolitis obliterans organising pneumonia;
Note: specified list of drugs is defined in the Schedule 1 - Dictionary.
(2)          being treated with a drug which is associated in the individual with the following:
(a)          the development of bronchiolitis obliterans organising pneumonia within six months of commencing drug therapy; and
(b)          the absence of bronchiolitis obliterans organising pneumonia prior to commencing drug therapy; and
(c)          clinical improvement within weeks of ceasing drug therapy; and
(d)          exclusion of other aetiologies for bronchiolitis obliterans organising pneumonia;
(3)          having a solid organ transplant, stem cell transplant or bone marrow transplant before the clinical onset of bronchiolitis obliterans organising pneumonia;
(4)          undergoing a course of therapeutic radiation for the treatment of malignant neoplasm of the breast or malignant neoplasm of the lung within the two years before the clinical onset of bronchiolitis obliterans organising pneumonia;
(5)          having bronchial obstruction immediately adjacent to a focus of pulmonary organisation, at the time of the clinical onset of bronchiolitis obliterans organising pneumonia;
Note: bronchial obstruction is defined in the Schedule 1 - Dictionary.
(6)          inhaling high concentrations of a substance with irritant properties, where:
(a)          the inhalation has resulted in signs and symptoms of acute damage to the lower respiratory tract within the 48 hours after the inhalation; and
(b)          the clinical onset of bronchiolitis obliterans organising pneumonia occurs within the 30 days following the inhalation of the substance;
(7)          inhaling sulphur mustard (mustard gas) resulting in signs and symptoms of acute damage to the lower respiratory tract within the 30 days before the clinical onset of bronchiolitis obliterans organising pneumonia;
(8)          having gastro-oesophageal reflux disease at the time of the clinical onset of bronchiolitis obliterans organising pneumonia;
(9)          taking a drug or a drug from a class of drugs from the specified list of drugs, at the time of the clinical worsening of bronchiolitis obliterans organising pneumonia;
Note: specified list of drugs is defined in the Schedule 1 - Dictionary.
(10)      being treated with a drug which is associated in the individual with the following:
(a)          the worsening of bronchiolitis obliterans organising pneumonia within six months of commencing drug therapy; and
(b)          clinical improvement within weeks of ceasing drug therapy;
(11)      having a solid organ transplant, stem cell transplant or bone marrow transplant