Test a NSW primary psychological injury against the main-contributing-factor test
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the diagnosis, the events and whether the worker is exempt, using a firm-controlled tool, table the main-contributing-factor test and the substantial-contributing-factor note for an exempt worker. Do not decide which test applies.
- What the lawyer must review
- Decide which contribution test the current instrument states for this worker.
- Do not apply the main-contributing-factor test to an exempt worker without checking the disease page.
- Reach the management-action exclusion only after the contribution test.
- 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, primary psychological injury
Produce. A note of the contribution test that may apply, with the exempt-worker question marked.
Have ready. Diagnosis; Whether the worker is in an exempt class; Account of work and other causes.
Example of the limit. Illustrative example: A firefighter has a primary psychological injury. The note records the main-contributing-factor guidance and the disease page's different words for an exempt worker. The lawyer chooses the test. The tool does not.
Stop and hand it back when
- The worker's exempt status is unknown.
- The question is only about reasonable management action.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the diagnosis, the events and whether the worker is exempt, using a firm-controlled tool, table the main-contributing-factor test and the substantial-contributing-factor note for an exempt worker. Do not decide which test applies. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Record whether the worker is a police officer, paramedic, firefighter or another exempt class the pages name.
- Keep main and substantial as separate tests. Do not average them.
- Do not treat exemption as a presumption that the injury is work-related.
- Confirm the current sections 8O and 9A before quoting them.
Sources
- SIRA: psychological injuries, guidance for insurers · 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 disease page's substantial-contributing-factor sentence is about a disease injury. The lawyer decides whether it is the test for this psychological injury.
If health or wage records leave the firm-controlled tool, decide whether a Privacy Act 1988 (Cth) breach is notifiable.