---
title: "Record early treatment and interim pay while a mental-injury claim is undecided"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/record-early-treatment-and-interim-pay-while-a-mental-injury-claim-is-un"
type: "task"
site: "AI Law Framework"
id: "A21-WC20261023-2"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Record early treatment and interim pay while a mental-injury claim is undecided

> 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.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/record-early-treatment-and-interim-pay-while-a-mental-injury-claim-is-un  
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 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 / versions | 3 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

The lawyer checks the output against the file and the linked sources before it is used or sent.

- What the AI does: 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 does: 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.
- Who reviews: Lawyer competent in statutory workers compensation
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.
- Why: The level reflects what the work is, the consequence of an error, and how much the lawyer must check on every file.

## Checks the lawyer makes

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.

## Notes

- 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.

## Sources

- [WorkSafe Victoria: provisional payments for mental injuries](https://www.worksafe.vic.gov.au/victorias-provisional-payments-better-support-mental-injuries) (checked 2026-10-23)
- [WorkSafe Queensland: making a claim](https://www.worksafe.qld.gov.au/workers-compensation/compensation-claims/making-a-claim) (checked 2026-10-23)
- [SIRA: provisional payments](https://www.sira.nsw.gov.au/workers-compensation-claims-guide/glossary/p/provisional-payments) (checked 2026-10-23)
- [SIRA: psychological injuries, guidance for insurers](https://www.sira.nsw.gov.au/workers-compensation/psychological-injuries-guidance-for-insurers) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/record-early-treatment-and-interim-pay-while-a-mental-injury-claim-is-un/new-south-wales.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/record-early-treatment-and-interim-pay-while-a-mental-injury-claim-is-un/queensland.md) | Yellow |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/record-early-treatment-and-interim-pay-while-a-mental-injury-claim-is-un/victoria.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.*