Draft representations on a character refusal or cancellation notice
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Table the notice, the criminal history and the sentencing papers against the primary considerations and the other considerations in the ministerial direction the lawyer has named, with the source document and date beside each fact, and list the considerations with no evidence on the file. Extract, from the service material, the date the notice was given and the date the particulars of relevant information were given, each beside its proof of service, and set out the lodgement method the notice sets. When the lawyer has written the representations, compare the lawyer's own draft against the table and report any consideration or document it does not deal with.
- What the lawyer must review
- The lawyer writes the representations. Work from the ministerial direction that will be in force when the decision is made, not the one in force at the date of the notice, and check every consideration in it is answered in the lawyer's own words. Confirm the date the notice was given and the date the particulars of relevant information were given, because on a mandatory cancellation the 28 days runs from the later of the two and cannot be extended; on a s 501(1) or s 501(2) notice, get any extension in writing before the stated date passes. Diarise both dates, and check the lodgement method against the notice before sending.
- Written for / version
- Cth
Open a jurisdiction version of this task to see which instruments apply.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Potential support includes extracting and organising information and preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. 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 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.