---
title: "Build a New South Wales clinical chronology for a negligence claim"
url: "https://ailawframework.com/practice/health-and-medical-law/summarise-medical-records-into-a-chronology-for-a-negligence-claim/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A32-B7-3-NSW"
practice_area: "Health & Medical Law"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Build a New South Wales clinical chronology for a negligence claim

> Build a dated chronology and index from the records the lawyer names, quoting each entry and page. Do not draft an expert report or evidence, and do not state that the care met section 5O.

Canonical page: https://ailawframework.com/practice/health-and-medical-law/summarise-medical-records-into-a-chronology-for-a-negligence-claim/new-south-wales  
Last reviewed: 2026-10-25

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

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Health & Medical Law](https://ailawframework.com/practice/health-and-medical-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Build a dated chronology and index from the records the lawyer names, quoting each entry and page. Do not draft an expert report or evidence, and do not state that the care met section 5O. |
| What the lawyer must review | Read the records, not only the chronology Decide breach under Civil Liability Act 2002 section 5O with the expert Under Practice Note SC Gen 23, allow a chronology and do not let the tool draft an expert report |
| Written for | New South Wales |
| Applies to | [Summarise medical records into a chronology for a negligence claim](https://ailawframework.com/practice/health-and-medical-law/summarise-medical-records-into-a-chronology-for-a-negligence-claim.md) |

## Checking plan

**Verify against sources**

Section 5O uses peer professional opinion widely accepted in Australia. Practice Note SC Gen 23 allows a chronology and prohibits an undisclosed expert report.

- What the AI does: Build a dated chronology and index from the records the lawyer names, quoting each entry and page. Do not draft an expert report or evidence, and do not state that the care met section 5O.
- What the lawyer does: The lawyer reads the records, decides breach under section 5O, and checks the chronology before it is used.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Section 5O: a professional does not incur liability if the conduct was widely accepted in Australia by peer professional opinion as competent professional practice. The opinion need not be universal. Differing accepted opinions can each be relied on.
2. The opinion cannot be relied on if the court considers it irrational.
3. Practice Note SC Gen 23 paragraph 9B allows generative artificial intelligence for chronologies, indexes and witness lists, and for summarising documents. Paragraph 10 prohibits using it to generate the content of an affidavit, witness statement or other evidence.
4. Paragraphs 19 to 24: an expert report is not drafted with generative artificial intelligence without prior leave, and the instructing letter must draw the practice note to the expert's attention. Paragraph 23 has a further leave rule for professional-negligence reports under rule 31.36.

## Notes

- Keep health information in a firm-controlled tool. Confidentiality is Australian Solicitors' Conduct Rules rule 9 and Australian Privacy Principle 11. Decide any notifiable breach under the Privacy Act 1988 (Cth).
- The section 5O text opened does not use the Victorian and Queensland phrase about a significant number of respected practitioners. Do not add that phrase.

## Practical guide

Jurisdiction: New South Wales, Civil Liability Act 2002 and the Supreme Court practice note where it applies

**Deliverable**: A dated chronology and index, with no expert opinion and no evidence in a witness's words.

**Inputs**

- Records the lawyer names
- Issues list
- Whether an expert report under rule 31.36 is proposed

**Example**: Illustrative example: The tool prepares a dated index of the hospital notes. It does not rewrite the notes as a witness account and it does not say the treatment was widely accepted. The lawyer reads the notes before the expert is instructed under Practice Note SC Gen 23.

**Stop and escalate when**

- The output is an expert report or a witness's evidence.
- The chronology states a section 5O conclusion.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2002 (NSW) s 5O, standard of care for professionals](https://www.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s5o.html) (checked 2026-10-23)
- [Supreme Court of New South Wales: Practice Note SC Gen 23, use of generative artificial intelligence](https://supremecourt.nsw.gov.au/documents/Practice-and-Procedure/Practice-Notes/general/current/PN_SC_Gen_23.pdf) (checked 2026-10-23)

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