Test a psychological injury against the management-action exclusion
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the worker's account and the employer's documents the lawyer has selected, using a firm-controlled tool, table each event against the management-action elements the opened page states for that state. Do not decide compensability.
- What the lawyer must review
- Decide whether the injury is compensable, including any management-action exclusion.
- Do not apply another state's exclusion. Victoria's opened pages do not state one.
- In New South Wales, decide the relevant event before the section 11A question.
- Health and wage records stay in a firm-controlled tool. Apply ASCR r 9, APP 11, and the notifiable-breach test.
Open a jurisdiction version of this task to see which instruments apply: NSWQLDVIC
Who does what
| Role | What they do |
|---|---|
| Assistance | From the worker's account and the employer's documents the lawyer has selected, using a firm-controlled tool, table each event against the management-action elements the opened page states for that state. Do not decide compensability. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- List the employer's action and the worker's account separately. Do not merge them into one cause.
- In New South Wales, answer the relevant-event question before applying section 11A.
- In Queensland, include action by the insurer or the Regulator on the claim as its own row. Section 32(5)(c) names it.
- Do not write a Victorian management-action exclusion. The opened Victorian pages do not state one.
Sources
- WorkSafe Victoria: provisional payments for mental injuries · 2026-10-23
- AustLII consolidated text: Workers' Compensation and Rehabilitation Act 2003 (Qld) s 32 · 2026-10-23
- Workers' Compensation and Rehabilitation Act 2003 (Qld), in force · 2026-10-23
- SIRA: psychological injuries, guidance for insurers · 2026-10-23
The Queensland text was read on the AustLII consolidation, not on the legislation.qld.gov.au HTML, which did not return the section. Confirm the in-force wording.
Exempt New South Wales workers, coal miners, volunteers and dust-disease claims are outside the new psychological-injury requirements on the SIRA page.
If health or wage records leave the firm-controlled tool, decide whether a Privacy Act 1988 (Cth) breach is notifiable.