Letter · Personal Injury & Compensation
Psychiatrist's instructions on a recognised psychiatric illness
Letter asking a psychiatrist whether there is a recognised psychiatric illness for a mental harm claim, without asking the psychiatrist to apply the statutory tests.
- Kind
- Letter. A letter or email you adapt and send.
- Where it applies
- Victoria, Queensland, New South Wales
- AI use
- Yellow You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at
- 23 October 2026
- Status
- Maintained. Checked on 23 October 2026 against the 19 authorities it cites, for Victoria, Queensland and New South Wales.
- Version
- 1
- Source
- Written for this library
When to use it
Use when a plaintiff firm instructs a psychiatrist on a mental harm claim in Victoria, Queensland or New South Wales. Do not use the general psychiatric letter as well without deleting the overlap, and do not use this letter for an impairment score.
Used for these tasks
- Draft medico-legal instructions and review the draft report
- Check an expert report’s assumptions and AI disclosure
- Check a proposed medico-legal referral before booking
- Check a pure mental harm claim for a recognised psychiatric illness
- Check the witness or close-relationship gateway for pure mental harm from shock
- Set out the normal-fortitude questions for a mental harm duty of care
- Check a consequential mental harm claim and the limit on economic loss
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
The tool may assemble the letter from the lawyer's category and the assumption list, and the lawyer checks that no statutory test is left for the psychiatrist.
AI may
- Assemble the index from the documents the lawyer has selected, with one page sequence.
- Insert the pathway or forum block the lawyer has selected and remove the others.
- Insert the state the lawyer has marked and delete the other state's definition.
AI must not
- Must not state an impairment percentage, a diagnosis, or whether a statutory threshold is met.
- Must not put health or wage records into a public or consumer tool.
- Must not draft an affidavit, a witness statement or a statutory declaration.
- Must not ask the psychiatrist to decide duty, normal fortitude, a gateway, or damages.
- Must not apply the New South Wales or Victorian sections to a Queensland claim.
The lawyer checks
- The pure or consequential category is marked, or expressly not yet marked.
- One forum block remains, and the code is enclosed.
- Queensland is not given a statutory test from another state.
- No impairment assessment is requested.
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
The full text is available after you log in. It is free. When you log in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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