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

# Record Victorian provisional payments on a mental-injury claim

> From the claim dates, the certificate and whether the claim includes a mental injury, list the provisional-payment steps and the dates they fall due. Do not decide that a payment is due.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/record-early-treatment-and-interim-pay-while-a-mental-injury-claim-is-un/victoria  
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 whether the claim includes a mental injury, list the provisional-payment steps and the dates they fall due. Do not decide that a payment is due. |
| What the lawyer must review | Check the date the employer received Part A before you count Confirm the claim includes a mental injury and is not physical only Do not tell the worker that a payment is due |
| Written for | Victoria |
| Applies to | [Record early treatment and interim pay while a mental-injury claim is undecided](https://ailawframework.com/practice/personal-injury-and-compensation/record-early-treatment-and-interim-pay-while-a-mental-injury-claim-is-un.md) |

## Checking plan

**Verify against sources**

The lawyer checks the dates. The list records the provisional-payment steps. It does not say the worker will be paid.

- What the AI does: From the claim dates, the certificate and whether the claim includes a mental injury, list the provisional-payment steps and the dates they fall due. Do not decide that a payment is due.
- What the lawyer does: The lawyer makes the legal assessment, checks the source material and authorises the output for its intended use.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. From 1 July 2021, an eligible worker or volunteer whose claim includes a mental injury can receive provisional payments for reasonable treatment for up to 13 weeks, and those payments continue for that period even if the claim is rejected. A physical-injury-only claim is excluded, as is a duplicate claim, and a claim where there is clear evidence the person is not a Victorian worker.
2. The employer forwards Part A to the agent within three business days of receiving it. The agent determines provisional-payment entitlement within two business days of receiving Part A. Part B is due within 10 calendar days, unless both parts are sent together within the three business days.
3. Where the agent confirms provisional payments, no employer medical excess is payable. That includes a claim that also has a physical injury, whether the claim is later accepted or rejected.
4. The agent then accepts or rejects the claim within 28 days from the date the agent received the claim. The list records that date. It does not treat a missed date as a deemed acceptance.

## Notes

- The Worker's injury claim form page, separately, says the worker is usually told about provisional payments within 5 business days. Use the provisional-payments page for the agent's two business days, and do not blend the two periods into one.
- Health information stays in a firm-controlled tool.

## Practical guide

Jurisdiction: Victoria: a WorkSafe mental-injury claim, while liability is still open

**Deliverable**: A date list for provisional payments.

**Inputs**

- The date the employer received Part A
- Whether the claim includes a mental injury
- Any existing claim that might make this one a duplicate

**Example**: Illustrative example: Part A reached the employer on a Monday and the agent on the Thursday. The list marks the three business days as met and counts two business days from the Thursday for the agent's provisional-payment decision. It does not say the treatment will be paid.

**Stop and escalate when**

- The claim is for a physical injury only.
- The date the employer received Part A is unknown.

Checked 2026-10-23.

## 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 Victoria: Worker's injury claim form](https://www.worksafe.vic.gov.au/workers-injury-claim-form) (checked 2026-10-23)
- [Workplace Injury Rehabilitation and Compensation Act 2013, in force version 054 (effective 2 October 2026)](https://www.legislation.vic.gov.au/in-force/acts/workplace-injury-rehabilitation-and-compensation-act-2013) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*