Practice area

Climate, ESG & Sustainability Reporting

Sustainability reporting is a statutory question first: confirm who must report and which instrument applies. Software can build a gap list against the lawyer's headings; it cannot decide whether an entity is in the regime.

Key facts

Tasks covered
16
Tasks with a step-by-step checklist
4
Local differences
2 jurisdictions where this area changes

Jurisdiction

Tasks

GreenLawyer reviewYellowClose supervisionRedLawyer-led

Tasks in Climate, ESG & Sustainability Reporting
TaskHow AI is usedHuman involvementWhat the lawyer must review
Decide whether the entity must prepare a climate disclosureChecklistStart this taskSee suggested levelsExtract the entity’s name, the financial year, revenue bands the client has supplied, and group structure into a fact sheet for the threshold question.RedLawyer-led
  • Make the threshold call yourself
  • Do not leave a generated “Group 1” or “not required” label in client advice
Build an AASB S2 gap list from the data roomChecklistStart this taskSee suggested levelsMap documents in a permitted data room to the AASB S2 headings the lawyer has listed, and mark headings with no document.YellowClose supervision
  • Open the document named on each row
  • Reject matches that only share a word with the heading
Assemble a modern slavery statement from last year’s statement and the supplier listChecklistStart this taskSee suggested levelsWritten for AustraliaDraft a statement skeleton from the entity’s previous statement and a supplier list the client has provided, marking anything new.YellowClose supervision
  • Check supply-chain, risk and action descriptions against what the client gave you
  • Delete claims carried over from last year that are no longer true
Collect environmental marketing claims and the evidence for themChecklistStart this taskSee suggested levelsWritten for AustraliaExtract environmental claims from the web pages or deck the lawyer has identified, and list the evidence the client holds beside each claim.RedLawyer-led
  • Assess the claims yourself
  • Do not let the table label a sentence as lawful or greenwashing
Draft a climate-disclosure narrative from the gap list and the source papersStart this taskSee suggested levelsWritten for AustraliaProduce a first-draft governance, strategy, risk and metrics narrative from the papers mapped to the headings, marking every sentence that has no source.YellowClose supervision
  • Delete unsourced claims: directors sign this
  • Check transition-relief sentences match the current standard
Build a board-oversight evidence table for the climate disclosureStart this taskSee suggested levelsWritten for AustraliaFrom minutes, charters and papers, list climate items the board or committee actually considered, with dates and gaps against the governance heading.YellowClose supervision
  • Confirm the board oversight actually happened
  • Do not treat a generated 'the board considers climate' sentence as evidence
Map transition-relief and Scope 3 gaps against the reporting-year planStart this taskSee suggested levelsWritten for AustraliaFrom the standard headings the lawyer has listed, mark which disclosures the entity proposes to defer, the legal basis, and when the gap closes.YellowClose supervision
  • Treat relief as temporary and conditional
  • Do not describe a deferral as compliance
Check the sustainability report against the statutory contents listStart this taskSee suggested levelsDraft a mapping table that pairs each requirement in the lawyer-approved checklist with the paragraph of the draft sustainability report that addresses it, and list requirements with no matching paragraph or answered only by a cross-reference.GreenLawyer reviewConfirm the requirement list is current for the entity's reporting year and cohort, decide whether each matched paragraph actually discharges the requirement, and resolve every item marked as covered only by cross-reference.
Assemble the reasonable-steps record behind the directors' declarationStart this taskSee suggested levelsIndex the papers the lawyer selects against each element of the declaration, showing where each item sits and flagging elements with no supporting record. Do not write the declaration, any part of it, or any statement that the steps taken were reasonable.RedLawyer-ledThe directors form and express the opinion. The lawyer decides which element each record supports, whether the record is sufficient, and what further enquiry is needed before the declaration is signed.
Build the scenario-analysis record for the climate statementsStart this taskSee suggested levelsDraft a record of the scenarios used, their stated temperature reference, the inputs, assumptions, time horizons and approvals, taken from the entity's own working papers, and list anything missing against the two mandated scenarios the lawyer supplies.GreenLawyer reviewConfirm the scenarios used are referable to subparagraphs 3(a)(i) and 3(a)(ii) of the Climate Change Act 2022, check that the recorded assumptions match the analysis actually performed, and make sure the record is not used as the disclosure itself.
Assemble the assurance evidence pack and response log for the sustainability reportStart this taskSee suggested levelsDraft an index that pairs each request from the assurance provider with the documents supplied, and keep a log of the response, the owner, the date sent and what remains outstanding.GreenLawyer reviewConfirm which level of assurance applies to the entity's reporting year under ASSA 5010, check that nothing privileged or outside the engagement scope has been included, and settle what is actually said in response to each request. Note that information reported to the Clean Energy Regulator is assured under a version of ASAE 3000 rather than ASSA 5000.
Reconcile the climate-statement emissions figures to the NGER reportStart this taskSee suggested levelsPull the disclosed and NGER-reported figures into a reconciliation schedule, calculate the differences, and work with the lawyer on the explanation for each, keeping every figure traceable to its source document.YellowClose supervisionCheck the reporting boundary and consolidation basis behind each figure, decide whether a difference is a genuine basis difference or an error, and approve every explanation before any of it is disclosed or given to the assurance provider.
Build the safeguard-mechanism obligation calendar and surrender positionStart this taskSee suggested levelsDraft a facility-by-facility calendar and position sheet from the baseline determinations, the NGER report and the unit account statements, showing the net position and the registration, reporting, surrender and compliance dates that apply to each facility.YellowClose supervisionConfirm the baseline determination and the responsible emitter for each facility, calculate the net-emissions position independently, and check every date against the current scheme rules before any surrender is actioned.
Build the supplier risk and remediation record behind the modern slavery statementStart this taskSee suggested levelsAssemble the register from questionnaires, audit reports and contract records, and work with the lawyer on the risk rating and the description of each action taken, keeping every entry sourced to the document it came from.YellowClose supervisionSet the risk criteria, decide each rating, and confirm that what the register says about remediation and effectiveness is supported by what the entity actually did, before any of it is used in a published statement.
Build the protected-statement register for the sustainability reportStart this taskSee suggested levelsDraft a register that tags each statement in the draft against the protected-statement categories the lawyer supplies — forward-looking climate statements, and statements about scope 3 emissions, scenario analysis or a transition plan — and records the modified liability period for each category.YellowClose supervisionConfirm the entity's financial year start against the protection windows, decide whether each tagged statement is in fact within a protected category and made for the purpose the provision requires, and check that untagged statements have been considered rather than missed.
Compare the climate statements with the entity's other public statementsStart this taskSee suggested levelsExtract comparable statements from the draft climate statements and from the other documents the lawyer supplies, pair them by subject, and draft a schedule of the differences with an exact reference for each side.GreenLawyer reviewDecide which differences matter, whether any amounts to a misleading representation, and which document is corrected. The lawyer judges materiality; the tool does not.

Firm-wide obligations

Firm-wide obligations
ObligationWhat it covers
Trust accounting & handling client moneyChecks that apply across files.
Costs, billing & litigation fundingChecks that apply across files.
Client-facing & access-to-justice AI toolsChecks that apply across files.
Incoming evidence — deepfakes & synthetic documentsChecks that apply across files.
AI decision systemsChecks that apply across files.
Confidentiality & client informationChecks that apply across files.
AML/CTF — the practice as a reporting entityChecks that apply across files.

Precedents for this area

All precedents for Climate, ESG & Sustainability Reporting. Signed-in accounts can read the full text.

Related jurisdictions