Check a Victorian first-responder mental injury where no presumption was stated
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the role and the diagnosis, using a firm-controlled tool, record that the opened Victorian pages state no post-traumatic stress presumption, and table the ordinary mental-injury test instead. Do not decide the claim.
- What the lawyer must review
- Do not advise that Victoria presumes the injury is work-related.
- Decide the claim under the predominant-cause and stress-and-burnout rules.
- Do not treat a traumatic-event exception as a presumption.
- Health and wage records stay in a firm-controlled tool. Apply ASCR r 9, APP 11, and the notifiable-breach test.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria, mental injury under the practice directive
Produce. A note that no presumption was found, plus the ordinary test still to be decided.
Have ready. Role and duties; Diagnosis and who made it; Account of the traumatic events.
Example of the limit. Illustrative example: An ambulance officer has a mental injury after repeated fatal attendances. The note says the opened pages state no presumption. It lists the events for the traumatic-event exception. The lawyer decides predominant cause.
Stop and hand it back when
- The advice would say a Victorian presumption exists.
- The diagnosis is not from a medical practitioner.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the role and the diagnosis, using a firm-controlled tool, record that the opened Victorian pages state no post-traumatic stress presumption, and table the ordinary mental-injury test instead. 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
- Write that no presumption was found on the pages opened, not that no law exists.
- Apply the DSM, dysfunction and predominant-cause requirements from the mental-injury task.
- Use the traumatic-event exception only where the events are the ones the directive describes.
- Do not copy the Queensland first-responder list into this file.
Sources
- WorkSafe Victoria practice directive: mental injury eligibility · 2026-10-23
- WorkSafe Victoria: presumptive rights compensation · 2026-10-23
No generative-AI practice note of the Workplace Injury Commission, Medical Panels or a Victorian court was opened. Apply the forum's current direction before a document is lodged.
A further instrument could exist. The lawyer confirms the current Act before telling the client there is no presumption.
If health or wage records leave the firm-controlled tool, decide whether a Privacy Act 1988 (Cth) breach is notifiable.