---
title: "Draft a Fair Work Act Pt 3-1 general-protections claim and response"
url: "https://ailawframework.com/practice/employment-and-workplace-relations/draft-a-general-protections-or-retaliation-claim-and-response/commonwealth"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A14-T1-R4-CTH"
practice_area: "Employment & Workplace Relations (incl. WHS)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["CTH"]
last_reviewed: "2026-09-23"
---

# Draft a Fair Work Act Pt 3-1 general-protections claim and response

> 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.

Canonical page: https://ailawframework.com/practice/employment-and-workplace-relations/draft-a-general-protections-or-retaliation-claim-and-response/commonwealth  
Last reviewed: 2026-09-23

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

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Employment & Workplace Relations (incl. WHS)](https://ailawframework.com/practice/employment-and-workplace-relations.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | Commonwealth |
| Applies to | [Draft a general-protections or retaliation claim and response](https://ailawframework.com/practice/employment-and-workplace-relations/draft-a-general-protections-or-retaliation-claim-and-response.md) |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: Potential support includes preparing preliminary structure or wording and identifying points for review. Confirm the tool’s capability and permitted scope.
- What the lawyer does: Set the scope, verify the evidence, resolve exceptions and approve the final output for its intended use.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Suggested checking approach based on the task guidance. Complete the assessment for the actual tool, information and jurisdiction.
- Why: The plan reflects the described work and review requirements. Policy colours are not used to determine permission or checking.

## Checks the lawyer makes

1. Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
2. Calculate operative dates independently from the current rule and actual triggering event. Check exceptions and record the verified deadline.
3. Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
4. Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
5. Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

## Notes

- Confirm the required checking with the responsible lawyer before work starts. The checking approach does not establish permission to use AI.

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