Document ID: chunk:federal_register_of_legislation:F2020L01394:reg:8:p1
Version: federal_register_of_legislation:F2020L01394
Segment Type: reg
Provision Reference: reg 8 (pt 1/2)
Character Range: 3105–5999

8               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 toxic vestibulopathy or death from toxic vestibulopathy with the circumstances of a person's relevant service:
(1)          taking a drug from the specified list of drugs within the 30 days before the clinical onset of toxic vestibulopathy;
Note: specified list of drugs is defined in the Schedule 1 - Dictionary.
(2)          taking a drug which is associated in the individual with:
(a)          the development of toxic vestibulopathy within 30 days of commencing drug therapy; and
(b)           a decrease in the symptoms and signs of toxic vestibulopathy within three months of discontinuing or tapering drug therapy; and
         where treatment with the drug continued for at least the three days before the clinical onset of toxic vestibulopathy;
(3)          having inner ear exposure to a chemical agent from the specified list of chemical agents within the 30 days before the clinical onset of toxic vestibulopathy;
            Note 1: Inner ear exposure to a chemical agent will only occur in the presence of a defect in the tympanic membrane.
            Note 2: specified list of chemical agents is defined in the Schedule 1 - Dictionary.
(4)          inhaling fumes from jet fuel or having cutaneous contact with jet fuel:
(a)           for a cumulative period of at least 2,000 hours before the clinical onset of toxic vestibulopathy; and
(b)          where that exposure has ceased, the clinical onset of toxic vestibulopathy has occurred within one year of cessation;
Note: fumes is defined in the Schedule 1 - Dictionary.
(5)          taking a drug from the specified list of drugs within the 30 days before the clinical worsening of toxic vestibulopathy;
Note: specified list of drugs is defined in the Schedule 1 - Dictionary.
(6)          taking a drug which is associated in the individual with:
(a)          an increase in the symptoms or signs of toxic vestibulopathy during drug therapy; and
(b)          a decrease in the symptoms or signs of toxic vestibulopathy within three months of discontinuing or tapering drug therapy; and
         where treatment with the drug continued for at least the three days before the clinical worsening of toxic vestibulopathy;
(7)          having inner ear exposure to a chemical agent from the specified list of chemical agents within the 30 days before the clinical worsening of toxic vestibulopathy;
            Note 1: Inner ear exposure to a chemical agent will only occur in the presence of a defect in the tympanic membrane.
            Note 2: specified list of chemical agents is defined in the Schedule 1 - Dictionary.
(8)           inhaling fumes from jet fuel or having cutaneous contact with jet fuel:
(a)          for a cumulative period