Document ID: chunk:federal_register_of_legislation:F2022L00943:reg:9:p1
Version: federal_register_of_legislation:F2022L00943
Segment Type: reg
Provision Reference: reg 9 (pt 1/2)
Character Range: 3472–6548

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 hiatus hernia or death from hiatus hernia with the circumstances of a person's relevant service:
(1)          having a surgical procedure that involves the region of the oesophageal hiatus or affects the structures supporting the oesophageal hiatus, within the 2 years before the clinical onset of hiatus hernia;
Note: Examples of surgical procedures that can involve the region of the oesophageal hiatus or affect the structures supporting the oesophageal hiatus include bariatric surgery, coronary artery bypass grafting, gastrectomy, oesophagectomy and pulmonary lobe resection.
(2)          having a blunt or penetrating injury, excluding a surgical procedure, to the region of the oesophageal hiatus, within the 5 years before the clinical onset of hiatus hernia;
(3)          having acute elevation of pressure within the abdominal cavity due to any one of the following:
(a)          acute abdomen;
(b)          anti-G straining manoeuvre;
(c)          lifting heavy weights;
(d)          significant gagging or vomiting; or
(e)          underwater diving with compressed air;
         within the 7 days before the clinical onset of hiatus hernia;
Note: acute abdomen is defined in the Schedule 1 – Dictionary.
(4)          being overweight or obese for at least the 2 years before the clinical onset of hiatus hernia;
Note: being overweight or obese is defined in the Schedule 1 – Dictionary.
(5)          being pregnant at the time of the clinical onset of hiatus hernia;
(6)          having chronic elevation of pressure within the abdominal cavity due to ascites or chronic peritoneal dialysis at the time of the clinical onset of hiatus hernia;
(7)          having systemic sclerosis at the time of the clinical onset of hiatus hernia;
(8)          having kyphosis or kyphoscoliosis of the thoracic spine at the time of the clinical onset of hiatus hernia;
(9)          having a surgical procedure that involves the region of the oesophageal hiatus or affects the structures supporting the oesophageal hiatus, within the 2 years before the clinical worsening of hiatus hernia;
Note: Examples of surgical procedures that can involve the region of the oesophageal hiatus or affect the structures supporting the oesophageal hiatus include bariatric surgery, coronary artery bypass grafting, gastrectomy, oesophagectomy and pulmonary lobe resection.
(10)      having a blunt or penetrating injury, excluding a surgical procedure, to the region of the oesophageal hiatus, within the 5 years before the clinical worsening of hiatus hernia;
(11)       having acute elevation of pressure within the abdominal cavity due to any one of the following:
(a)          acute abdomen;
(b)          anti-G straining manoeuvre;
(c)          lifting heavy weights;
(d)          significant gagging or vomiting; or
(e)          underwater diving with compressed air;
within the 7 days before the clinical