Document ID: chunk:federal_register_of_legislation:F2022L00651:reg:9:p1
Version: federal_register_of_legislation:F2022L00651
Segment Type: reg
Provision Reference: reg 9 (pt 1/3)
Character Range: 3327–6398

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 seizure or death from seizure with the circumstances of a person's relevant service:
(1)          having a moderate to severe traumatic brain injury within the 20 years before the clinical onset of seizure;
(2)          having concussion within the 6 months before the clinical onset of seizure;
(3)          having an electrical injury of the brain before the clinical onset of seizure;
            Note: Electrical injury of the brain excludes transcranial magnetic stimulation and electroconvulsive therapy.
(4)          having a surgical procedure which involves a craniotomy or cranioplasty within the 20 years before the clinical onset of seizure;
(5)          having cardiac surgery or extracorporeal membrane oxygenation at the time of the clinical onset of seizure;
(6)          having brain radiotherapy to treat primary or secondary brain neoplasia or to treat brain arteriovenous malformation before the clinical onset of seizure;
(7)          having an hypoxic cerebral insult within the 2 months before the clinical onset of seizure;
Note: hypoxic cerebral insult is defined in the Schedule 1 – Dictionary.
(8)          having a central nervous system vascular lesion from the specified list of central nervous system vascular lesions within the 20 years before the clinical onset of seizure;
Note: specified list of central nervous system vascular lesions is defined in the Schedule 1 – Dictionary.
(9)          having autoimmune encephalitis at the time of the clinical onset of seizure;
            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.
(10)      having an infection of the brain or meninges within the 1 year before the clinical onset of seizure;
(11)      having infection with human immunodeficiency virus at the time of the clinical onset of seizure;
(12)      having septicaemia at the time of clinical onset of seizure;
(13)      having an intracranial space-occupying lesion within the 20 years before the clinical onset of seizure;
Note: intracranial space-occupying lesion is defined in the Schedule 1 – Dictionary.
(14)      having dementia as specified at the time of the clinical onset of seizure;
Note: dementia as specified is defined in the Schedule 1 – Dictionary.
(15)      having a medical condition affecting the brain from the specified list of medical conditions at the time of the clinical onset of seizure;
Note: specified list of medical conditions is defined in the Schedule 1 – Dictionary.
(16)      having alcohol intoxication, alcohol withdrawal or moderate to severe alcohol use disorder, at the time of the clinical onset of seizure;