Screen counselling communications before they are produced in a protection-order proceeding
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Index documents that may record a counselling communication and tag each one with the speaker, the counsellor, and whether it was made in confidence. List the statutory steps the opened source requires before a subpoena, production or evidence can disclose a protected confidence. Do not summarise the counselling. Do not draft the evidence that would disclose it.
- What the lawyer must review
- The lawyer decides whether the privilege applies, whether leave is required, who must be given notice, and whether the document is produced at all.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Index documents that may record a counselling communication and tag each one with the speaker, the counsellor, and whether it was made in confidence. List the statutory steps the opened source requires before a subpoena, production or evidence can disclose a protected confidence. Do not summarise the counselling. Do not draft the evidence that would disclose it. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Confirm the index does not quote or paraphrase the counselling.
- Check the proceeding is one the opened source covers. The bench book states the privilege applies in apprehended violence order proceedings through Evidence Act 1995 s 126H.
- Do not treat a general medical record as a protected confidence unless it meets s 296.
- Leave is a lawyer decision. The index stops at the steps in ss 298, 299A and 299C.
Sources
Other places have their own counselling privileges. They were not opened for this task, so they are not stated.
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.