Document ID: chunk:federal_register_of_legislation:F2022L00662:reg:9:p1
Version: federal_register_of_legislation:F2022L00662
Segment Type: reg
Provision Reference: reg 9 (pt 1/3)
Character Range: 3054–5842

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 morbid obesity or death from morbid obesity with the circumstances of a person's relevant service:
(1)          having a caloric intake that is excessive for energy needs for at least the 5 years before the clinical onset of morbid obesity;
(2)          taking a drug from the specified list of drugs for at least the 6 months before the clinical onset of morbid obesity;
Note: specified list of drugs is defined in the Schedule 1 - Dictionary.
(3)          taking an antipsychotic drug for at least the 3 months before the clinical onset of morbid obesity;
(4)          taking at least 5 milligrams of prednisone per day, or equivalent glucocorticoid therapy, for at least the 3 months before the clinical onset of morbid obesity;
Note: equivalent glucocorticoid therapy is defined in the Schedule 1 - Dictionary.
(5)          having binge eating disorder or night eating syndrome for at least the 1 year before the clinical onset of morbid obesity;
            Note: binge eating disorder and night eating syndrome are defined in the Schedule 1 - Dictionary.
(6)          having a clinically significant disorder of mental health as specified for at least the 2 years before the clinical onset of morbid obesity;
Note: clinically significant disorder of mental health as specified is defined in the Schedule 1 – Dictionary.
(7)          having Cushing syndrome for at least the 3 months before the clinical onset of morbid obesity;
(8)          having hypothyroidism, including Hashimoto thyroiditis that has resulted in hypothyroidism, for at least the 3 months before the clinical onset of morbid obesity;
(9)          having a hypothalamic disorder causing excessive eating for at least the 3 months before the clinical onset of morbid obesity;
Note: hypothalamic disorder is defined in the Schedule 1 - Dictionary.
(10)      inability to sleep for an average of more than 5 hours per night for at least the 5 years before the clinical onset of morbid obesity;
(11)      undertaking night shift work on at least 500 occasions within a continuous period of at least the 5 years before the clinical onset of morbid obesity;
Note: night shift work is defined in the Schedule 1 - Dictionary.
(12)      in a person with a prior history of a regular smoking habit as specified, permanently ceasing to smoke within the 2 years before the clinical onset of morbid obesity;
Note: regular smoking habit as specified is defined in the Schedule 1 - Dictionary.
(13)      having consumed a cumulative total of at least 50 kilograms of alcohol from drinking beer within the 5 years before the clinical onset of morbid