Ask a New South Wales holder to keep records, without asserting a duty

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Key facts

Human involvement
YellowClose supervision
How AI is used
From the facts the lawyer supplies, draft a short letter asking the holder to keep identified incident records. The letter asks only. It does not say the holder must produce documents.
What the lawyer must review
  • Settle the letter and check that it asks only
  • Do not assert a right to production
  • Do not put the client's records into a public generative tool
Written for / version
New South Wales versionNSWVICQLD

Rules that apply

The document starts from the task name. Change it if this piece of work is different.

The work product

Forum. New South Wales

Produce. A short letter that asks a holder to keep identified records.

Have ready. The holder the lawyer has named; The records the lawyer has identified.

Example of the limit. Illustrative example: The letter asks a hospital to keep the emergency notes. It does not say the hospital must send them.

Stop and hand it back when

  • The letter would say the holder must produce the records.
  • The lawyer has not named the holder or the records.

Sources for this task were checked on 2026-10-23.

Who does what

Who does what
RoleWhat they do
AssistanceFrom the facts the lawyer supplies, draft a short letter asking the holder to keep identified incident records. The letter asks only. It does not say the holder must produce documents.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Do not say the holder is obliged to keep or to produce the records. This letter asks only.
  2. Name only the records the lawyer has identified, such as an incident report, a wage record, or a treatment record. Do not describe the injury beyond what the lawyer has written into the instructions.
  3. Practice note SC Gen 23, paragraphs 7(e) and 8, warn that a public generative tool may not protect confidentiality, privacy or privilege, and that entered data may be used to train the model. Draft the letter in a firm-controlled tool.
  4. The letter is a document the holder receives. The lawyer reads it before it is sent. It is not a person's evidence.

Sources

Health and wage records stay in a firm-controlled tool. The lawyer applies ASCR r 9 and APP 11, and decides whether any breach is notifiable under the Privacy Act 1988 (Cth).

If a proceeding later compels production, paragraph 9A of the practice note applies to material produced on subpoena or subject to the Harman undertaking. This letter is not that step.

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