---
title: "Test a first-responder post-traumatic stress claim against any presumption"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/test-a-first-responder-post-traumatic-stress-claim-against-any-presumpti"
type: "task"
site: "AI Law Framework"
id: "A21-WC20261023-14"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

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

> 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.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/test-a-first-responder-post-traumatic-stress-claim-against-any-presumpti  
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 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 / 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 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 does: 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.
- 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. 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.

## Notes

- 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.

## Sources

- [WorkSafe Victoria practice directive: mental injury eligibility](https://www.worksafe.vic.gov.au/practice-directive-mental-injury-eligibility) (checked 2026-10-23)
- [WorkSafe Victoria: presumptive rights compensation](https://www.worksafe.vic.gov.au/presumptive-rights-compensation) (checked 2026-10-23)
- [WorkSafe Queensland: simplified claims for first responders with PTSD](https://www.worksafe.qld.gov.au/workers-compensation/work-related-injuries/types-of-injury-or-illness/Psychological-injuries/simplified-workers-compensation-for-first-responders-with-ptsd) (checked 2026-10-23)
- [AustLII: Workers' Compensation and Rehabilitation Act 2003, section 32](https://www5.austlii.edu.au/au/legis/qld/consol_act/wcara2003400/s32.html) (checked 2026-10-23)
- [SIRA: paid first responders](https://www.sira.nsw.gov.au/workers-compensation/what-you-can-claim/paid-first-responders) (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/test-a-first-responder-post-traumatic-stress-claim-against-any-presumpti/new-south-wales.md) | Yellow |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/test-a-first-responder-post-traumatic-stress-claim-against-any-presumpti/victoria.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/test-a-first-responder-post-traumatic-stress-claim-against-any-presumpti/queensland.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.*