Document ID: chunk:federal_register_of_legislation:F2024L00740:reg:9
Version: federal_register_of_legislation:F2024L00740
Segment Type: reg
Provision Reference: reg 9
Character Range: 3496–5774

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, mesothelioma or death from mesothelioma is connected with the circumstances of a person's relevant service:
(1)          inhaling asbestos fibres in an enclosed space:
(a)          at the time material containing asbestos fibres was being applied, removed, dislodged, cut or drilled; and
(b)          the first inhalation of asbestos fibres occurred at least 20 years before clinical onset;
(2)          inhaling asbestos fibres in an open environment for a cumulative period of at least 1,000 hours before the clinical onset of mesothelioma:
(a)          at the time material containing asbestos fibres was being applied, removed, dislodged, cut or drilled; and
(b)          the first inhalation of asbestos fibres occurred at least 20 years before clinical onset;
(3)          having asbestosis at the time of clinical onset;
(4)          inhaling fluoro-edenite fibres at a concentration of at least 1.76 fibres per litre on more days than not for at least 10 years, at least 25 years before clinical onset of pleural or peritoneal mesothelioma;
Note: fluoro-edenite is defined in the Schedule 1 - Dictionary.
(5)          inhaling erionite fibres at a concentration of at least 0.3 fibres/cm3, every day for at least 10 years, at least 25 years before clinical onset;
Note: erionite is defined in the Schedule 1 - Dictionary.
(6)          having received a cumulative equivalent dose of at least 0.5 sievert of ionising radiation to the affected region at least 10 years before clinical onset;
Note: cumulative equivalent dose is defined in the Schedule 1 – Dictionary.
(7)          having received ablative radiotherapy for the treatment of cancer at least 10 years before clinical onset, with the mesothelioma occurring within the original field of radiation;
(8)          firefighting for a cumulative period of at least 1,000 hours before the clinical onset of mesothelioma, where the firefighting commenced at least 20 years before clinical onset;
Note: firefighting is defined in the Schedule 1 – Dictionary.
(9)          inability to obtain appropriate clinical management for mesothelioma before clinical worsening.