---
title: "Prepare a mental health or cognitive impairment diversion application"
url: "https://ailawframework.com/practice/criminal-law/prepare-a-mental-health-or-cognitive-impairment-diversion-application"
type: "task"
site: "AI Law Framework"
id: "A20-W20261018-3"
practice_area: "Criminal Law"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Prepare a mental health or cognitive impairment diversion application

> From the clinical reports, treatment history and the proposed treatment or support plan, extract into a table the diagnosis, the clinician who made it, the date, the link the clinician draws to the alleged conduct, and…

Canonical page: https://ailawframework.com/practice/criminal-law/prepare-a-mental-health-or-cognitive-impairment-diversion-application  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Criminal Law](https://ailawframework.com/practice/criminal-law.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | From the clinical reports, treatment history and the proposed treatment or support plan, extract into a table the diagnosis, the clinician who made it, the date, the link the clinician draws to the alleged conduct, and the treatment, supervision and support proposed, each cited to its report. The tool writes no part of the application, the submissions or any clinical material. |
| What the lawyer must review | The lawyer decides whether the client has a qualifying impairment and whether diversion is more appropriate than the ordinary course, settles the treatment plan with the clinician, and prepares the application and submissions. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Lawyer-led judgement**

The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

- What the AI does: From the clinical reports, treatment history and the proposed treatment or support plan, extract into a table the diagnosis, the clinician who made it, the date, the link the clinician draws to the alleged conduct, and the treatment, supervision and support proposed, each cited to its report. The tool writes no part of the application, the submissions or any clinical material.
- What the lawyer does: The lawyer decides whether the client has a qualifying impairment and whether diversion is more appropriate than the ordinary course, settles the treatment plan with the clinician, and prepares the application and submissions.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.
- Restriction: The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

## Checks the lawyer makes

1. Check each diagnosis is attributed to the clinician who made it and dated.
2. Confirm the treatment plan has been agreed by the treating clinician and the client.
3. Confirm the tool has not paraphrased any clinical opinion into the lawyer’s draft.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) s 14](https://classic.austlii.edu.au/au/legis/nsw/consol_act/mhacifpa2020574/s14.html) (checked 2026-10-18)
- [Judicial Commission of NSW Local Court Bench Book — Mental Health and Cognitive Impairment Forensic Provisions Act 2020](https://www.judcom.nsw.gov.au/publications/benchbks/local/mental_health_and_cognitive_impairment_forensic_provisions.html) (checked 2026-10-18)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/criminal-law/prepare-a-mental-health-or-cognitive-impairment-diversion-application/united-states.md) | Red |

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