Test a first-responder post-traumatic stress claim against any presumption

Key facts

Human involvement
YellowClose supervision
How AI is used
From the role, the diagnosis and the claim date, using a firm-controlled tool, table any presumption the opened pages state for a first responder's post-traumatic stress claim, and the ordinary test if they state none. Do not decide the claim.
What the lawyer must review
  • Decide whether a presumption applies, and what is left if it does not.
  • Do not treat an exemption from later amendments as a presumption that the injury is work-related.
  • A psychiatrist's diagnosis and the claim date can change the pathway. Check both.
  • Health and wage records stay in a firm-controlled tool. Apply ASCR r 9, APP 11, and the notifiable-breach test.
Written for / version
NSWVICQLD

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

Who does what

Who does what
RoleWhat they do
AssistanceFrom the role, the diagnosis and the claim date, using a firm-controlled tool, table any presumption the opened pages state for a first responder's post-traumatic stress claim, and the ordinary test if they state none. Do not decide the claim.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Check the role against the list the opened page actually gives. Do not add a service the page does not name.
  2. In Queensland, separate a claim lodged on or after 20 May 2021 from an earlier claim, and check for evidence that the condition is not work-related.
  3. In Victoria and New South Wales, do not write that a presumption exists. The opened pages do not state one.
  4. Keep interstate service as a Queensland-connection question. The page does not say prior service elsewhere is enough on its own.

Sources

Searches did not produce an official Victorian or New South Wales presumption page. Absence from the pages opened is not a statement that no other instrument exists. The lawyer confirms the current Act.

Queensland section 32 remains the ordinary injury definition if the simplified pathway does not apply.

If health or wage records leave the firm-controlled tool, decide whether a Privacy Act 1988 (Cth) breach is notifiable.

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