---
title: "Ask a New South Wales holder to keep records, without asserting a duty"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/ask-a-holder-to-keep-incident-records/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-IN20261023-8-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

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

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/ask-a-holder-to-keep-incident-records/new-south-wales  
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, 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 | New South Wales |
| Applies to | [Ask a holder to keep incident records](https://ailawframework.com/practice/personal-injury-and-compensation/ask-a-holder-to-keep-incident-records.md) |

## Checking plan

**Verify against sources**

The letter is a request. No New South Wales preservation duty was opened for the period before proceedings.

- What the AI does: 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 does: Settle the letter before it is sent.
- 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. 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.

## Notes

- 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.

## Practical guide

Jurisdiction: New South Wales

**Deliverable**: A short letter that asks a holder to keep identified records.

**Inputs**

- The holder the lawyer has named
- The records the lawyer has identified

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

**Stop and escalate when**

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

Checked 2026-10-23.

## Sources

- [Supreme Court of NSW, Practice Note SC Gen 23, paragraphs 7 to 9A](https://supremecourt.nsw.gov.au/documents/Practice-and-Procedure/Practice-Notes/general/current/PN_SC_Gen_23.pdf) (checked 2026-10-23)
- [Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW), rule 9.1](https://classic.austlii.edu.au/au/legis/nsw/consol_reg/lpulascr2015658/s2.9.html) (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.*