Check the four resource principles in section 35 before any advice

MaintainedLast reviewed

Key facts

Human involvement
RedLawyer-led
How AI is used
List the function the lawyer identifies, the resource material in the brief, and the section the other side has named. Do not write the advice on whether the protection applies.
What the lawyer must review
  • The lawyer writes the advice. The tool only lists the function and the material.
  • Section 35 includes the rule that general allocation is not open to challenge.
  • Keep health and wage records in a firm-controlled tool, not a public one.
  • ASCR r 9 and APP 11 apply. Decide if a breach is notifiable under the Privacy Act 1988 (Cth).
Written for / version
Queensland versionQLDNSWVIC

Rules that apply

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

The work product

Forum. Queensland. A claim against a public or other authority where section 35 is raised.

Produce. A list of the function, the resource material and section 35. The lawyer writes the advice.

Have ready. The function the lawyer identifies; Resource material in the brief; The section the other side has named.

Example of the limit. Illustrative example: A letter relies on section 35 and the brief has a works program. The list records the program against the four principles. It does not advise whether the principle applies.

Stop and hand it back when

  • The question is a road-authority restriction in a section that was not opened.
  • The tool is asked to write the advice.

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

Who does what

Who does what
RoleWhat they do
AssistanceSupporting preparation only. List the function the lawyer identifies, the resource material in the brief, and the section the other side has named. Do not write the advice on whether the protection applies. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human.
LawyerPerform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use.

Checklist

  1. The list names the function and the resource material in the brief.
  2. Record all four section 35 principles, including that the general allocation of financial or other resources is not open to challenge.
  3. Keep the broad-range principle and the procedures-and-standards principle separate from the allocation principle.
  4. Do not use this list for a road-authority restriction. That is a different section and was not opened.

Sources

The road-authority restriction was not in section 35. Do not treat section 35 as that restriction.

The Queensland Courts generative AI page says the user is responsible for accuracy of what is given to a court or tribunal, and that confidential information must not go into a public chatbot. Practice Direction 5 of 2025 is listed. Its text was not opened.

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