Document ID: chunk:federal_register_of_legislation:F2022L00907:reg:9:p1
Version: federal_register_of_legislation:F2022L00907
Segment Type: reg
Provision Reference: reg 9 (pt 1/3)
Character Range: 4027–6925

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, sleep apnoea or death from sleep apnoea is connected with the circumstances of a person's relevant service:
(1)          having heart failure at the time of the clinical onset of sleep apnoea;
(2)          having a central nervous system lesion or disorder from the specified list of central nervous system lesions or disorders at the time of the clinical onset of sleep apnoea;
            Note: specified list of central nervous system lesions or disorders is defined in the Schedule 1 – Dictionary.
(3)          having autonomic neuropathy at the time of the clinical onset of sleep apnoea;
Note: autonomic neuropathy is defined in the Schedule 1 - Dictionary.
(4)          having chronic renal failure at the time of the clinical onset of sleep apnoea;
Note: chronic renal failure is defined in the Schedule 1 - Dictionary.
(5)          having a neuromuscular disease affecting the diaphragm, other respiratory muscles or upper airway muscles at the time of the clinical onset of sleep apnoea;
            Note 1: Examples of a neuromuscular disease affecting the diaphragm, other respiratory muscles or upper airway muscles include myasthenia gravis, postpolio syndrome and motor neurone disease.
Note 2: upper airway is defined in the Schedule 1 - Dictionary.
(6)          having acromegaly at the time of the clinical onset of sleep apnoea;
Note: acromegaly is defined in the Schedule 1 - Dictionary.
(7)          for obstructive sleep apnoea only:
(a)          having hypothyroidism, including Hashimoto thyroiditis that has resulted in hypothyroidism, at the time of the clinical onset of obstructive sleep apnoea;
(b)          having chronic obstruction or chronic narrowing of the upper airway at the time of the clinical onset of obstructive sleep apnoea;
               Note: upper airway is defined in the Schedule 1 - Dictionary.
(c)          being obese at the time of the clinical onset of obstructive sleep apnoea; or
Note: being obese is defined in the Schedule 1 - Dictionary.
(d)          Being in a supine position when sleeping for at least the 6 months before the clinical onset of obstructive sleep apnoea;
Note: obstructive sleep apnoea is defined in the Schedule 1 - Dictionary.
(8)          for central sleep apnoea only, taking a long-acting opioid at an average daily morphine equivalent dose of at least 120 milligrams for at least the 2 months before the clinical onset of central sleep apnoea;
Note: central sleep apnoea and long-acting opioid are defined in the Schedule 1 - Dictionary.
(9)          having heart failure at the time of the clinical worsening of sleep apnoea;
(10)      having a central nervous system lesion or disorder from the specified list of central nervous system lesions or disorders at the