Document ID: chunk:federal_register_of_legislation:F2016L00274:reg:9:p1
Version: federal_register_of_legislation:F2016L00274
Segment Type: reg
Provision Reference: reg 9 (pt 1/2)
Character Range: 3876–6991

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, systemic lupus erythematosus or death from systemic lupus erythematosus is connected with the circumstances of a person's relevant service:
(1)          being exposed to sunlight or ultraviolet light at a level sufficient to induce erythema at least 24 hours, but not more than 30 days, before the clinical onset of systemic lupus erythematosus;
(2)          inhaling respirable crystalline silica dust, at the time material containing crystalline silica was being:
(a)          produced;
(b)          excavated;
(c)          drilled, cut or ground; or
(d)          used in construction, manufacturing, cleaning or blasting,
         for a cumulative period of at least 2 000 hours before the clinical onset of systemic lupus erythematosus;
(3)          where smoking has not ceased before the clinical onset of systemic lupus erythematosus, smoking at least ten pack-years of cigarettes, or the equivalent thereof in other tobacco products, before the clinical onset of systemic lupus erythematosus;
Note: pack-years of cigarettes, or the equivalent thereof in other tobacco products is defined in the Schedule 1 – Dictionary.
(4)          being treated with a drug from the specified list of drugs at the time of the clinical onset of systemic lupus erythematosus;
Note: specified list of drugs is defined in the Schedule 1 – Dictionary.
(5)          being treated with a drug which is associated in the individual with:
(a)          the development of the symptoms or signs of systemic lupus erythematosus during drug therapy;
(b)          the cessation of the symptoms or signs of systemic lupus erythematosus within weeks of discontinuing drug therapy;
(c)          an absence of clinical or laboratory evidence of systemic lupus erythematosus prior to beginning drug therapy; and
(d)          the development of serological markers which reduce in titre on discontinuing drug therapy; and
         where treatment with the drug continued for at least the three days before the clinical onset of systemic lupus erythematosus;
(6)           being exposed to sunlight or ultraviolet light at a level sufficient to induce erythema at least 24 hours, but not more than 30 days, before the clinical worsening of systemic lupus erythematosus;
(7)          inhaling respirable crystalline silica dust, at the time material containing crystalline silica was being:
(a)          produced;
(b)          excavated;
(c)          drilled, cut or ground; or
(d)          used in construction, manufacturing, cleaning or blasting,
         for a cumulative period of at least 2 000 hours before the clinical worsening of systemic lupus erythematosus;
(8)          where smoking has not ceased before the clinical onset of systemic lupus erythematosus, smoking at least ten pack-years of cigarettes, or the equivalent thereof in other tobacco products, before the clinical worsening of systemic lupus erythematosus;
Note: pack-years of cigarettes, or the equivalent thereof in