Record a New South Wales injury management contact
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Record who called and what was said. If the lawyer says the injury appears to be a significant injury, note the section 45 plan duty, including the weekly-payments statement in section 45(4), and the section 47 duties to participate, comply, and when requested to nominate a treating doctor and authorise that doctor. Do not draft the doctor's authority.
- What the lawyer must review
- The lawyer decides whether the injury is a significant injury.
- The lawyer decides what the client is told, and signs any authority.
- Check ASCR r 9, APP 11, and whether a breach is notifiable under the Privacy Act 1988 (Cth).
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. New South Wales. A contact about an injury management plan.
Produce. A dated file note of the contact and of the duties the lawyer may need to explain.
Have ready. The lawyer's note of the contact; Whether the incapacity is likely to exceed 7 continuous days; Whether an authority has been requested.
Example of the limit. Illustrative example: The insurer says a plan will be sent and asks the client to authorise the treating doctor. The note records the request. It does not draft the authority and does not say weekly payments will stop.
Stop and hand it back when
- The note drafts an authority.
- The note says payments have already been lost.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Record who called and what was said. If the lawyer says the injury appears to be a significant injury, note the section 45 plan duty, including the weekly-payments statement in section 45(4), and the section 47 duties to participate, comply, and when requested to nominate a treating doctor and authorise that doctor. Do not draft the doctor's authority. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Significant injury is the section 42 definition: likely incapacity for a continuous period of more than 7 days.
- The consultation duty excludes the employer only where the insurer is a self-insurer, as section 45(2) says.
- The weekly-payments sentence is recorded as a statement the insurer must give, not as advice that payments will stop.
- No authority for the nominated treating doctor is drafted.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Letter to a scheme case manager | Letter | AI use Yellow | Letter telling a scheme or insurer case manager that the firm acts, who to contact, and which authority is enclosed. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Workplace Injury Management and Workers Compensation Act 1998 (NSW) s 42 · 2026-10-23
- Workplace Injury Management and Workers Compensation Act 1998 (NSW) s 45 · 2026-10-23
- Workplace Injury Management and Workers Compensation Act 1998 (NSW) s 47 · 2026-10-23
A workplace rehabilitation provider approval framework was not opened.
Where two employers may be liable, section 42(2) points to the last employer. The lawyer identifies that employer.