Draft a Fair Work Act Pt 3-1 general-protections claim and response
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the facts brief, identify the workplace right, attribute or industrial activity; draft a first-pass claim or response, listing s.365 conference and s.370 steps.
- What the lawyer must review
- Follow the pathway: s.365 FWC conference, then s.370 application to the Federal Circuit and Family Court
- Check time limits: 21 days for a dismissal dispute (s.365); up to 6 years after non-dismissal adverse action
- Check a protected right or attribute is genuinely engaged
- Do not treat the s.361 reverse onus (employer disproves the protected reason) as a discrimination claim
- Record the human decision-maker's actual reasons if HR used AI tools; opacity makes the onus harder
- Verify every citation
- Written for / version
- Commonwealth versionCth
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording and identifying points for review. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
- Calculate operative dates independently from the current rule and actual triggering event. Check exceptions and record the verified deadline.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.