---
title: "Test a primary mental injury against the employment-contribution test"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/test-a-primary-mental-injury-against-the-employment-contribution-test"
type: "task"
site: "AI Law Framework"
id: "A21-WC20261023-13"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Test a primary mental injury against the employment-contribution test

> From the diagnosis and the events, using a firm-controlled tool, table the employment-contribution test the opened pages state for a primary mental injury and list the work and non-work factors still missing.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/test-a-primary-mental-injury-against-the-employment-contribution-test  
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 diagnosis and the events, using a firm-controlled tool, table the employment-contribution test the opened pages state for a primary mental injury and list the work and non-work factors still missing. Do not decide whether the test is met. |
| What the lawyer must review | Decide whether employment meets that state's contribution test for this mental injury. Use predominant, significant or main only when that state's opened page uses that word. Leave the management-action exclusion in its own check. This task is the contribution test. 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 diagnosis and the events, using a firm-controlled tool, table the employment-contribution test the opened pages state for a primary mental injury and list the work and non-work factors still missing. Do not decide whether the test is met.
- What the lawyer does: Decide whether employment meets that state's contribution test for this mental injury. Use predominant, significant or main only when that state's opened page uses that word. Leave the management-action exclusion in its own check. This task is the contribution test. 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. Match each contributing event to a record, not only to the worker's summary.
2. Apply the word the opened page uses: predominant, significant, or main. Do not swap them.
3. For an exempt worker in New South Wales, do not assume the main-contributing-factor test applies. The disease page states a different test.
4. Stop if the diagnosis is not from a practitioner the opened page accepts.

## Notes

- The management-action exclusion is an earlier task. This check does not re-decide it.
- Victorian section 40(1A) and section 39(2A) are taken from the practice directive. Confirm the current Act.
- 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 claims manual: define an injury](https://www1.worksafe.vic.gov.au/vwa/claimsmanual/Claims%20Manual/2-claims-management/2-1-workers-and-injuries/2-1-6-define-an-injury.htm) (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: psychological injuries, guidance for insurers](https://www.sira.nsw.gov.au/workers-compensation/psychological-injuries-guidance-for-insurers) (checked 2026-10-23)
- [SIRA claims guide: disease injury](https://www.sira.nsw.gov.au/workers-compensation-claims-guide/understanding-the-claims-journey/eligibility/disease-injury) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/test-a-primary-mental-injury-against-the-employment-contribution-test/new-south-wales.md) | Yellow |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/test-a-primary-mental-injury-against-the-employment-contribution-test/victoria.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/test-a-primary-mental-injury-against-the-employment-contribution-test/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.*