Document ID: chunk:federal_register_of_legislation:F2022L01133:reg:9:p1
Version: federal_register_of_legislation:F2022L01133
Segment Type: reg
Provision Reference: reg 9 (pt 1/3)
Character Range: 3342–6447

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, epilepsy or death from epilepsy is connected with the circumstances of a person's relevant service:
(1)          having a moderate to severe traumatic brain injury before the clinical onset of epilepsy;
(2)          having concussion within the 20 years before the clinical onset of epilepsy;
(3)          having an electrical injury of the brain before the clinical onset of epilepsy;
            Note: Electrical injury of the brain excludes transcranial magnetic stimulation and electroconvulsive therapy.
(4)          having a surgical procedure which involves a craniotomy or cranioplasty before the clinical onset of epilepsy;
(5)          having brain radiotherapy to treat primary or secondary brain neoplasia or to treat brain arteriovenous malformation before the clinical onset of epilepsy;
(6)          having an hypoxic cerebral insult within the 30 days before the clinical onset of epilepsy;
Note: hypoxic cerebral insult is defined in the Schedule 1 – Dictionary.
(7)          having a central nervous system vascular lesion from the specified list of central nervous system vascular lesions within the 10 years before the clinical onset of epilepsy;
            Note: specified list of central nervous system vascular lesions is defined in the Schedule 1 – Dictionary.
(8)          having autoimmune encephalitis at the time of the clinical onset of epilepsy;
            Note 1: Examples of diseases that can cause autoimmune encephalitis include granulomatosis with polyangiitis (Wegener granulomatosis), Hashimoto encephalopathy, multiple sclerosis, neuromyelitis optica, paraneoplastic neurological syndrome and systemic lupus erythematosus.
Note 2: autoimmune encephalitis is defined in the Schedule 1 – Dictionary.
(9)          having an infection of the brain or meninges within the 5 years before the clinical onset of epilepsy;
(10)      having infection with human immunodeficiency virus at the time of the clinical onset of epilepsy;
(11)      having septicaemia at the time of the clinical onset of epilepsy;
(12)      having an intracranial space-occupying lesion before the clinical onset of epilepsy;
Note: intracranial space-occupying lesion is defined in the Schedule 1 – Dictionary.
(13)      having dementia as specified at the time of the clinical onset of epilepsy;
Note: dementia as specified is defined in the Schedule 1 – Dictionary.
(14)      having a medical condition affecting the brain from the specified list of medical conditions at the time of the clinical onset of epilepsy;
Note: specified list of medical conditions is defined in the Schedule 1 – Dictionary.
(15)      having obstructive sleep apnoea at the time of the clinical onset of epilepsy;
(16)      having tetramine poisoning before the clinical onset of epilepsy;
(17)      having type 1 diabetes mellitus at the time of the clinical onset of epilepsy;
            Note: type 1 diabetes mellitus is defined in the Schedule 1 – Dictionary.
(18)