---
title: "Screen family or migration material before it goes into a tool"
url: "https://ailawframework.com/practice/family-law/check-permission-before-using-subpoenaed-or-sensitive-records/commonwealth"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "J-CTH-R20260922-2"
practice_area: "Family Law"
tier: "red"
lawyer_review: "required"
jurisdictions: ["CTH"]
last_reviewed: "2026-09-23"
---

# Screen family or migration material before it goes into a tool

> Organise a file index from metadata the lawyer has already cleared, without opening the underlying documents in the tool.

Canonical page: https://ailawframework.com/practice/family-law/check-permission-before-using-subpoenaed-or-sensitive-records/commonwealth  
Last reviewed: 2026-09-23

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

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Family Law](https://ailawframework.com/practice/family-law.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | Organise a file index from metadata the lawyer has already cleared, without opening the underlying documents in the tool. |
| What the lawyer must review | Do not upload subpoenaed, discovery, suppressed or safety-sensitive material yet Wait until the closed-environment conditions in the practice direction are met |
| Written for | Commonwealth |
| Applies to | [Check permission before using subpoenaed or sensitive records](https://ailawframework.com/practice/family-law/check-permission-before-using-subpoenaed-or-sensitive-records.md) |

## Checking plan

**Lawyer-led judgement**

The index helps the lawyer see what would be uploaded. The upload decision is separate, and many of these documents must not be uploaded at all.

- What the AI does: Organise a file index from metadata the lawyer has already cleared, without opening the underlying documents in the tool.
- What the lawyer does: Decide, against the FCFCOA direction, whether any document may be processed and in what environment.
- Who reviews: Lawyer competent in the matter and the forum
- Basis: Planning guidance checked against the linked public sources on 22 September 2026. Confirm the current instrument before reliance.
- Why: The traffic light follows the consequence of an error and how much of the output the lawyer must check before it is used.
- Restriction: The lawyer leads the substantive decision. Any assistance stays inside the preparation described for this task.

## Checks the lawyer makes

1. Read the confidentiality and safety parts of the FCFCOA direction before any upload.
2. Mark subpoena, discovery and suppression material as not cleared by default.
3. Keep the index to metadata if the documents themselves are not cleared.
4. The lawyer records the tool and why it was considered safe, or that no tool was used.

## Notes

- Suggested working checks from the linked public sources. Read the source and confirm it applies to this forum and this date. The checks do not approve software or record that the work is done.

## Practical guide

Jurisdiction: Federal Circuit and Family Court of Australia

**Deliverable**: An index of candidate documents marked “not cleared” until the lawyer says otherwise.

**Inputs**

- A file list or metadata export
- The FCFCOA practice direction

**Example**: A subpoenaed medical report stays “not cleared” even if a chronology would be easier with it inside the tool.

**Stop and escalate when**

- Someone proposes pasting a protected address, a child’s identity or a subpoenaed document into a public tool.
- The direction’s closed-environment conditions have not been checked.

Checked 2026-09-22.

## Sources

- [Federal Circuit and Family Court of Australia Practice Direction on artificial intelligence](https://www.fcfcoa.gov.au/pd/pd-ai) (checked 2026-09-22)

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