Test an NSW psychological injury against section 11A
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the account and the employer documents the lawyer selects, table each event against section 11A(1). Do not decide whether reasonable management action was the significant cause, and do not apply a definition that was not opened.
- What the lawyer must review
- Decide whether reasonable management action was the significant cause.
- Include action taken or proposed, and the worker's expectation or perception of it.
- A physical injury is not removed by this section in the cases subsection (4) states.
- Keep medical details in the firm's system. Apply ASCR rule 9, APP 11, and the Privacy Act 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. Workers Compensation Act 1987 (NSW) section 11A
Produce. An event table against section 11A(1). No compensability decision.
Have ready. Worker's account the lawyer selects; Employer documents the lawyer selects; The certificate, if weekly payments are claimed.
Example of the limit. Illustrative example: The file has a performance meeting and a separate assault. The tool puts each event in its own row under section 11A(1). It does not say the meeting was reasonable or was the significant cause.
Stop and hand it back when
- The lawyer has not selected the events to be tabled.
- The tool is asked to apply the section 3 definition that was not opened.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the account and the employer documents the lawyer selects, table each event against section 11A(1). Do not decide whether reasonable management action was the significant cause, and do not apply a definition that was not opened. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- No compensation is payable for a psychological injury if the significant cause was reasonable management action taken or proposed, or the worker's expectation or perception of that action.
- The note to subsection (1) says a psychological injury includes a primary and a secondary psychological injury. Reasonable management action is defined in section 3, which was not opened.
- Subsection (4) leaves a physical injury compensable even if it is a physical symptom or effect of a psychological injury, unless it is merely a physiological effect on the nervous system.
- Subsection (7) requires accepted medical terminology on the certificate for a weekly-payments claim, not only the words stress or stress condition. A deficient claim is not duly made for section 93 of the 1998 Act until that is met, if the insurer gives the written notice subsection (8) describes.
Sources
- Workers Compensation Act 1987 (NSW) section 11A · 2026-10-23
- SIRA: Weekly payments · 2026-10-23
The opened text of section 11A has subsections (1), (4), (7) and (8). It does not use the words relevant event. Do not replace significant cause with a test from another page.