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.
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
| Role | What they do |
|---|---|
| Assistance | 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. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Record attendance at work that day and who authorised the break.
- Describe the activity. Leave abnormal risk to the lawyer.
- Separate a home recess during duties from an after-hours event.
- Do not apply a journey test to an injury during the break.
Sources
- WorkSafe Victoria claims manual: define an injury · 2026-10-23
- WorkSafe Victoria practice directive: mental injury eligibility · 2026-10-23
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.