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.
Open a jurisdiction version of this task to see which instruments apply: NSWVICQLD
Who does what
| Role | What they do |
|---|---|
| Assistance | 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. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Check the role against the list the opened page actually gives. Do not add a service the page does not name.
- 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.
- In Victoria and New South Wales, do not write that a presumption exists. The opened pages do not state one.
- Keep interstate service as a Queensland-connection question. The page does not say prior service elsewhere is enough on its own.
Sources
- WorkSafe Victoria practice directive: mental injury eligibility · 2026-10-23
- WorkSafe Victoria: presumptive rights compensation · 2026-10-23
- WorkSafe Queensland: simplified claims for first responders with PTSD · 2026-10-23
- AustLII: Workers' Compensation and Rehabilitation Act 2003, section 32 · 2026-10-23
- SIRA: paid first responders · 2026-10-23
- SIRA: psychological injuries, guidance for insurers · 2026-10-23
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.