Test a New South Wales heart attack or stroke against section 9B
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the diagnosis and the nature of the employment, using a firm-controlled tool, table section 9B's significantly-greater-risk test and the width of the definitions. Do not decide the risk.
- What the lawyer must review
- Decide whether the nature of the employment gave rise to a significantly greater risk.
- Do not add a main-contributing-factor element. Section 9B does not state one.
- Read the whole definition before saying the event is outside it.
- 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. New South Wales, Workers Compensation Act 1987, section 9B
Produce. A section 9B risk note.
Have ready. Diagnosis, including the cardiac or cerebral finding; The nature of the employment and the tasks; Medical opinion on risk, if the lawyer has one.
Example of the limit. Illustrative example: A worker with angina says the employment was stressful. The note asks whether the nature of that employment gave rise to a significantly greater risk, and it records that angina is inside the opened definition. The lawyer decides the risk. The tool does not.
Stop and hand it back when
- The event's medical name is unclear.
- The draft adds a main-contributing-factor test from the disease page.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the diagnosis and the nature of the employment, using a firm-controlled tool, table section 9B's significantly-greater-risk test and the width of the definitions. Do not decide the risk. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Compare the diagnosis with the section 9B definitions, not with the everyday name of the event.
- Ask about the nature of the employment and the risk it created.
- Do not require employment to be the main contributing factor unless a different section, opened for this injury, says so.
- Confirm the official in-force text. This reading is AustLII.
Sources
- AustLII: Workers Compensation Act 1987, section 9B · 2026-10-23
- SIRA claims guide: disease injury · 2026-10-23
If this is lodged with the Personal Injury Commission, Procedural Direction PIC13 keeps health records in a controlled environment and forbids a generative tool from writing a person's evidence.
The section was read on an AustLII consolidation. Confirm the in-force wording on the official legislation site before reliance.
If health or wage records leave the firm-controlled tool, decide whether a Privacy Act 1988 (Cth) breach is notifiable.