Check a Victorian recess injury against the authorised-recess deeming

MaintainedLast reviewed

Key facts

Human involvement
YellowClose supervision
How AI is used
From the break and the activity, using a firm-controlled tool, table the three recess conditions in the claims manual. Do not decide whether the risk was abnormal.
What the lawyer must review
  • Decide whether the recess deeming applies.
  • The worker must have been at work that day, on an authorised recess, and not have voluntarily taken an abnormal risk.
  • After-hours time at home is not this deeming.
  • Health and wage records stay in a firm-controlled tool. Apply ASCR r 9, APP 11, and the notifiable-breach test.
Written for / version
Victoria versionVICNSWQLD

Rules that apply

The document starts from the task name. Change it if this piece of work is different.

The work product

Forum. Victoria, claims manual, injury during a recess

Produce. A three-point recess note.

Have ready. Whether the worker was at work that day; Whether the recess was authorised; What the worker was doing when injured.

Example of the limit. Illustrative example: During an authorised lunch break the worker joins a race on a wet loading dock. The note records attendance, authority and the activity. It does not call the risk abnormal. The lawyer does.

Stop and hand it back when

  • It is unclear whether the worker had started work that day.
  • The injury happened on a journey rather than during a break.

Sources for this task were checked on 2026-10-23.

Who does what

Who does what
RoleWhat they do
AssistanceFrom the break and the activity, using a firm-controlled tool, table the three recess conditions in the claims manual. Do not decide whether the risk was abnormal.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Record attendance at work that day and who authorised the break.
  2. Describe the activity. Leave abnormal risk to the lawyer.
  3. Separate a home recess during duties from an after-hours event.
  4. Do not apply a journey test to an injury during the break.

Sources

No generative-AI practice note of the Workplace Injury Commission, Medical Panels or a Victorian court was opened. Apply the forum's current direction before a document is lodged.

The manual cites the Accident Compensation Act beside a current-Act icon. Confirm the current recess provision. The mental-injury directive does not state a recess rule.

If health or wage records leave the firm-controlled tool, decide whether a Privacy Act 1988 (Cth) breach is notifiable.

Related tasks

Related tools

Related jurisdictions