---
title: "Check the witness or close-relationship gateway for pure mental harm from shock"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-the-witness-or-close-relationship-gateway-for-pure-mental-harm-fro"
type: "task"
site: "AI Law Framework"
id: "A21-FM20261023-8"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Check the witness or close-relationship gateway for pure mental harm from shock

> From the account and the medical material the lawyer supplies, row whether the claimant is described as present at the scene and the relationship the document states with the person killed, injured or put in danger,…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-the-witness-or-close-relationship-gateway-for-pure-mental-harm-fro  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the account and the medical material the lawyer supplies, row whether the claimant is described as present at the scene and the relationship the document states with the person killed, injured or put in danger, and leave both gateway findings blank. Do not decide whether the harm is a recognised psychiatric illness. |
| What the lawyer must review | You decide the gateway. Presence at the scene and a close relationship are findings, not labels the tool applies. The recognised-psychiatric-illness condition is a separate question and is not decided in this table. Do not use a Victorian or New South Wales gateway in a state whose opened Act has no mental-harm Part. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth). |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Scene or close relationship**

The tool rows presence and relationship. The lawyer decides the gateway and leaves the illness question to its own check.

- What the AI does: From the account and the medical material the lawyer supplies, row whether the claimant is described as present at the scene and the relationship the document states with the person killed, injured or put in danger, and leave both gateway findings blank. Do not decide whether the harm is a recognised psychiatric illness.
- What the lawyer does: You decide the gateway. Presence at the scene and a close relationship are findings, not labels the tool applies. The recognised-psychiatric-illness condition is a separate question and is not decided in this table. Do not use a Victorian or New South Wales gateway in a state whose opened Act has no mental-harm Part. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Use this table only for pure mental harm arising from shock connected with another person being killed, injured or put in danger.
2. Record the statutory list of close family, and do not add a friend, rescuer or bystander unless the section includes them.
3. If the section reduces the award for the victim's contributory negligence, or bars it where the victim could not recover, row that as a separate question.
4. Do not answer whether the harm is a recognised psychiatric illness.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Wrongs Act 1958 (Vic) s 73](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s73.html) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic) s 67](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s67.html) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld) table of provisions](https://www.austlii.edu.au/au/legis/qld/consol_act/cla2003161/) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW) s 27](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s27.html) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW) s 30](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s30.html) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Psychiatrist's instructions on a recognised psychiatric illness](https://ailawframework.com/precedents/personal-injury-and-compensation/psychiatrist-recognised-psychiatric-illness.md) | Letter | Yellow | Letter asking a psychiatrist whether there is a recognised psychiatric illness for a mental harm claim, without asking the psychiatrist to apply the statutory tests. |

Signed-in accounts can read the full text of each one.

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/check-the-witness-or-close-relationship-gateway-for-pure-mental-harm-fro/new-south-wales.md) | Yellow |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/check-the-witness-or-close-relationship-gateway-for-pure-mental-harm-fro/victoria.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/check-the-witness-or-close-relationship-gateway-for-pure-mental-harm-fro/queensland.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*