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

# Test a NSW primary psychological injury against the main-contributing-factor test

> 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.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/test-a-primary-mental-injury-against-the-employment-contribution-test/new-south-wales  
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, 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. |
| Written for | New South Wales |
| Applies to | [Test a primary mental injury against the employment-contribution test](https://ailawframework.com/practice/personal-injury-and-compensation/test-a-primary-mental-injury-against-the-employment-contribution-test.md) |

## Checking plan

**Verify against sources**

The insurer guidance requires a real and direct connection and that employment was the main contributing factor to a primary psychological injury. The disease page says the 2012 amendments do not apply to exempt workers and that employment then needs to be a substantial contributing factor to the disease. Police, paramedics and firefighters are described as exempt from some 2012, 2015 and 2025 amendments. The paid-first-responders page does not restate the test.

- What the AI does: 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 does: The lawyer decides the legal question, checks the sources, and authorises anything the family or the insurer will receive.
- Who reviews: Lawyer competent in statutory workers compensation
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Record whether the worker is a police officer, paramedic, firefighter or another exempt class the pages name.
2. Keep main and substantial as separate tests. Do not average them.
3. Do not treat exemption as a presumption that the injury is work-related.
4. Confirm the current sections 8O and 9A before quoting them.

## Notes

- 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.

## Practical guide

Jurisdiction: New South Wales workers compensation, primary psychological injury

**Deliverable**: A note of the contribution test that may apply, with the exempt-worker question marked.

**Inputs**

- Diagnosis
- Whether the worker is in an exempt class
- Account of work and other causes

**Example**: 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 escalate when**

- The worker's exempt status is unknown.
- The question is only about reasonable management action.

Checked 2026-10-23.

## Sources

- [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)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*