---
title: "Ask a holder to keep incident records"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/ask-a-holder-to-keep-incident-records"
type: "task"
site: "AI Law Framework"
id: "A21-IN20261023-8"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Ask a holder to keep incident records

> From the facts the lawyer supplies, the tool drafts a short letter asking the holder to keep identified incident records.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/ask-a-holder-to-keep-incident-records  
Last reviewed: 2026-10-25

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

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the facts the lawyer supplies, the tool drafts a short letter asking the holder to keep identified incident records. It does not say the holder must produce documents unless the lawyer has inserted the section that says so. |
| What the lawyer must review | The lawyer settles the letter and checks that it asks only, unless a named section applies. The letter must not assert a right the lawyer has not identified. Check ASCR r 9, APP 11, and whether a breach is notifiable under the Privacy Act 1988 (Cth). |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Check every instance**

The lawyer and the tool work together. The lawyer checks this output before it is used.

- What the AI does: From the facts the lawyer supplies, the tool drafts a short letter asking the holder to keep identified incident records. It does not say the holder must produce documents unless the lawyer has inserted the section that says so.
- What the lawyer does: The lawyer settles the letter and checks that it asks only, unless a named section applies. The letter must not assert a right the lawyer has not identified. Check ASCR r 9, APP 11, and whether a breach is notifiable under the Privacy Act 1988 (Cth).
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Confirm the letter identifies the records by the lawyer's description and asks that they be kept.
2. Confirm the letter claims a statutory right only where the lawyer has inserted the section and the facts meet it.
3. In Queensland, confirm the letter is not described as a notice under s 27 unless a complying part 1 notice has been given.
4. Confirm no health record was entered in a public AI tool to produce the letter.

## Notes

- 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.
- Health and client information stays in a firm-controlled tool. A public tool is not used.

## Sources

- [Civil Procedure Act 2010 (Vic), s 26](https://www.austlii.edu.au/au/legis/vic/consol_act/cpa2010167/s26.html) (checked 2026-10-23)
- [Personal Injuries Proceedings Act 2002 (Qld), s 27](https://classic.austlii.edu.au/au/legis/qld/consol_act/pipa2002314/s27.html) (checked 2026-10-23)
- [Supreme Court of NSW: practice note SC Gen 23](https://supremecourt.nsw.gov.au/documents/Practice-and-Procedure/Practice-Notes/general/current/PN_SC_Gen_23.pdf) (checked 2026-10-23)
- [Supreme Court of Victoria: practice note SC Gen 25](https://www.supremecourt.vic.gov.au/areas/legal-resources/practice-notes/sc-gen-25-the-use-of-artificial-intelligence-by-court-users) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/ask-a-holder-to-keep-incident-records/victoria.md) | Yellow |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/ask-a-holder-to-keep-incident-records/new-south-wales.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/ask-a-holder-to-keep-incident-records/queensland.md) | Yellow |

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