Record early treatment and interim pay while a mental-injury claim is undecided
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the claim dates, the certificate and the injury type, using a firm-controlled tool, list the early-treatment and interim-pay rules the opened pages state and the dates they would fall due. Do not decide that a payment is due.
- What the lawyer must review
- Decide whether early treatment or interim pay is available, and until which date.
- Separate an ordinary mental-injury claim from a relevant-conduct claim in New South Wales.
- Do not invent a week limit the opened page does not state.
- Health and wage records stay in a firm-controlled tool. Apply ASCR r 9, APP 11, and the notifiable-breach test.
Open a jurisdiction version of this task to see which instruments apply: NSWQLDVIC
Who does what
| Role | What they do |
|---|---|
| Assistance | From the claim dates, the certificate and the injury type, using a firm-controlled tool, list the early-treatment and interim-pay rules the opened pages state and the dates they would fall due. Do not decide that a payment is due. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Use the certificate diagnosis, not the worker's description, before treating the claim as a mental-injury claim.
- In New South Wales, mark whether the insurer says the claim is a relevant-conduct claim before applying the 42-day path.
- Do not state a Queensland week limit. The opened claim page does not give one.
- Count the Victorian 13 weeks, and the New South Wales 12 weeks or 56 days, from the date the opened page uses, and show that date.
Sources
- WorkSafe Victoria: provisional payments for mental injuries · 2026-10-23
- WorkSafe Queensland: making a claim · 2026-10-23
- SIRA: provisional payments · 2026-10-23
- SIRA: psychological injuries, guidance for insurers · 2026-10-23
The SIRA glossary still says 'reasonably necessary' for the $10,000 provisional treatment cap. Part 4A clause 8P of the Workers Compensation Regulation 2016, and clause 42H for a relevant-conduct claim, use 'reasonable and necessary'. Do not put the Part 4A words onto the glossary cap.
Do not calculate the weekly rate. That is a different task.
If health or wage records leave the firm-controlled tool, decide whether a Privacy Act 1988 (Cth) breach is notifiable.