Document ID: chunk:federal_register_of_legislation:F2023L00176:reg:9:p1
Version: federal_register_of_legislation:F2023L00176
Segment Type: reg
Provision Reference: reg 9 (pt 1/4)
Character Range: 4718–7864

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, chronic obstructive pulmonary disease or death from chronic obstructive pulmonary disease is connected with the circumstances of a person's relevant service:
(1)          having smoked tobacco products:
(a)          in an amount of at least 5 pack-years before the clinical onset of chronic obstructive pulmonary disease; and
(b)          if smoking has ceased before the clinical onset of chronic obstructive pulmonary disease, then that onset occurred within 20 years of cessation;
Note: one pack-year is defined in the Schedule 1 – Dictionary.
(2)           having been exposed to second-hand smoke:
(a)          for at least 20,000 hours before the clinical onset of chronic obstructive pulmonary disease; and
(b)          if exposure to second-hand smoke has ceased before the clinical onset of chronic obstructive pulmonary disease, then that onset occurred within 20 years of cessation;
Note: being exposed to second-hand smoke is defined in the Schedule 1 – Dictionary.
(3)           having smoked cannabis:
(a)          in an amount of at least 20 joint-years before the clinical onset of chronic obstructive pulmonary disease; and
(b)          if smoking has ceased before the clinical onset of chronic obstructive pulmonary disease, then that onset occurred within 20 years of cessation;
Note: joint-years of cannabis is defined in the Schedule 1 – Dictionary.
(4)           inhaling smoke from the combustion of polluting fuels in an enclosed space:

            (a)          for a cumulative period of at least 10,000 hours before the clinical onset of chronic obstructive pulmonary disease; and
            (b)          if that exposure has ceased, the clinical onset of chronic obstructive pulmonary disease has occurred within 20 years of cessation;

            Note: polluting fuels is defined in the Schedule 1 – Dictionary.
(5)           inhaling a respiratory tract irritant from the specified list of respiratory tract irritants resulting in:

            (a)          signs and symptoms of severe acute lower respiratory damage requiring medical attention within 48 hours after exposure; and
            (b)          the persistence of respiratory symptoms and signs for at least one week after exposure, within the 5 years before the clinical onset of chronic obstructive pulmonary disease;

            Note: specified list of respiratory tract irritants is defined in the Schedule 1 – Dictionary.
(6)           inhaling vapour, gas, or fumes of a substance from the specified list of substances in an enclosed space:

            (a)          for a cumulative period of at least 20,000 hours before the clinical onset of chronic obstructive pulmonary disease; and
            (b)          if that exposure has ceased, the clinical onset of chronic obstructive pulmonary disease has occurred within 10 years of cessation;

            Note: specified list of substances is defined in the Schedule 1 – Dictionary.
(7)          inhaling vapour, gas, or fumes of a substance