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.
Written for / version
NSWQLDVIC

Open a jurisdiction version of this task to see which instruments apply: NSWQLDVIC

Who does what

Who does what
RoleWhat they do
AssistanceFrom 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.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Use the certificate diagnosis, not the worker's description, before treating the claim as a mental-injury claim.
  2. In New South Wales, mark whether the insurer says the claim is a relevant-conduct claim before applying the 42-day path.
  3. Do not state a Queensland week limit. The opened claim page does not give one.
  4. 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

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.

Related tasks

Related tools

Related jurisdictions