---
title: "Instruct an NSW expert and check the report against the code"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/draft-medico-legal-instructions-and-review-the-draft-report/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-T1-R8-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Instruct an NSW expert and check the report against the code

> Turn the lawyer's issues list into a letter of instruction that asks for the applicable code acknowledgement and the AI disclosure the forum requires, then table assumptions and missing disclosures on the draft report.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/draft-medico-legal-instructions-and-review-the-draft-report/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 | Turn the lawyer's issues list into a letter of instruction that asks for the applicable code acknowledgement and the AI disclosure the forum requires, then table assumptions and missing disclosures on the draft report. |
| What the lawyer must review | The expert's duty is to the court or the Commission, not to the party A court report needs prior leave before generative AI is used to draft it A Commission report must disclose generative AI use. Draw PIC13 to the expert The referral of the client is a separate step from this instruction |
| Written for | New South Wales |
| Applies to | [Draft medico-legal instructions and review the draft report](https://ailawframework.com/practice/personal-injury-and-compensation/draft-medico-legal-instructions-and-review-the-draft-report.md) |

## Checking plan

**Verify against sources**

The lawyer settles the letter and the reliance on the report. The tool drafts from the issues list and tables what the report states.

- What the AI does: Turn the lawyer's issues list into a letter of instruction that asks for the applicable code acknowledgement and the AI disclosure the forum requires, then table assumptions and missing disclosures on the draft report.
- What the lawyer does: Settle the questions, send the letter, and decide whether the report can be used.
- 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. For a court report, ask the expert to acknowledge Schedule 7, including the paramount duty to the court, the assumptions, and the declaration of inquiries.
2. Practice Note SC Gen 23, paragraph 24, requires the letter to draw the practice note to the expert. Paragraph 20 prohibits drafting the report with generative AI without prior leave of the court.
3. Paragraph 23 requires leave at the first directions hearing for a professional negligence report under rule 31.36 and for a report attached to a pre-filing statement under section 315 of the 1998 Act.
4. For the Commission, Procedural Direction PIC13, paragraph 26, requires the letter to draw PIC13, PIC4 and the PIC Rules to the expert. Paragraph 22 requires disclosure if generative AI is used to draft the report.

## Notes

- The letter is sent to the expert, so the lawyer checks every letter. The tool does not write the expert's opinion.
- Do not put the client's health records into a public tool. Australian Solicitors' Conduct Rules rule 9 and Australian Privacy Principle 11 apply, and a breach may be notifiable under the Privacy Act 1988 (Cth).

## Practical guide

Jurisdiction: NSW Supreme Court or District Court, or the Personal Injury Commission

**Deliverable**: A letter of instruction and, once the draft report arrives, a table of assumptions and missing disclosures.

**Inputs**

- The issues list settled by the lawyer
- The forum
- The draft report, when it arrives

**Example**: Illustrative example: The letter asks an orthopaedic expert to acknowledge Schedule 7 and to state whether generative AI was used. The later table marks that the report lists assumptions but does not acknowledge the code.

**Stop and escalate when**

- The forum is not known.
- The letter would ask the expert to reach a percentage the lawyer has already chosen.

Checked 2026-10-23.

## Sources

- [Uniform Civil Procedure Rules 2005 (NSW) Schedule 7](https://www5.austlii.edu.au/au/legis/nsw/consol_reg/ucpr2005305/sch7.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)
- [Personal Injury Commission: Procedural Direction PIC13](https://www.pi.nsw.gov.au/resources/procedural-directions/procedural-direction-pic13-use-of-generative-artificial-intelligence) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Letter of instruction to an orthopaedic surgeon](https://ailawframework.com/precedents/personal-injury-and-compensation/letter-instructing-orthopaedic-surgeon.md) | Letter | Yellow | Letter asking an orthopaedic surgeon for diagnosis, causation, capacity and prognosis in a plaintiff claim, with the expert code and artificial intelligence rule for Victoria, Queensland or New… |
| [Letter of instruction to a psychiatrist](https://ailawframework.com/precedents/personal-injury-and-compensation/letter-instructing-psychiatrist.md) | Letter | Yellow | Letter asking a psychiatrist for diagnosis, causation, treatment and capacity in a plaintiff claim, and for a clinical view on recognised psychiatric illness, without asking for the legal test. |
| [TAC serious injury application form (Common Law Protocols 2026): completion guide](https://ailawframework.com/precedents/personal-injury-and-compensation/form-vic-tac-serious-injury-application.md) | Form | Yellow | Guide to the TAC form lawyers use to request a serious injury certificate under Part 6 of the Transport Accident Act 1986 and the Common Law Protocols 2026, including the section 93(17) limbs and… |
| [Letter of instruction to an occupational therapist on care](https://ailawframework.com/precedents/personal-injury-and-compensation/letter-instructing-occupational-therapist-on-care.md) | Letter | Yellow | Letter asking an occupational therapist to record care hours, duration, paid and gratuitous help, aids and equipment, without applying a damages threshold or valuing the claim. |
| [Letter of instruction to a forensic accountant](https://ailawframework.com/precedents/personal-injury-and-compensation/letter-instructing-forensic-accountant.md) | Letter | Yellow | Letter asking a forensic accountant to calculate past and future loss of earning capacity on stated assumptions, with the discount rate, percentage and superannuation rate left for the lawyer. |
| [Letter of instruction to an engineer](https://ailawframework.com/precedents/personal-injury-and-compensation/letter-instructing-engineer.md) | Letter | Yellow | Letter asking an engineer for the condition, the mechanism and the available precautions in a plaintiff claim, with the precautions section named by the lawyer and no conclusion on negligence. |
| [Psychiatrist's instructions on a recognised psychiatric illness](https://ailawframework.com/precedents/personal-injury-and-compensation/psychiatrist-recognised-psychiatric-illness.md) | Letter | Yellow | Letter asking a psychiatrist whether there is a recognised psychiatric illness for a mental harm claim, without asking the psychiatrist to apply the statutory tests. |
| [Letter of instruction to a vocational assessor](https://ailawframework.com/precedents/personal-injury-and-compensation/letter-instructing-vocational-assessor.md) | Letter | Yellow | Letter asking a vocational assessor for realistic occupations, hours and sourced earnings, without a diagnosis, an impairment score or a valuation. |
| [Questions for a treating doctor](https://ailawframework.com/precedents/personal-injury-and-compensation/questions-for-a-treating-doctor.md) | Letter | Yellow | Letter asking a treating doctor for the dates, recorded diagnosis, treatment and certificates, with a separate opinion section that is sent only if the expert code is enclosed. |
| [Agenda for a conference of experts](https://ailawframework.com/precedents/personal-injury-and-compensation/expert-conference-agenda.md) | Letter | Yellow | Note to experts after a direction to confer, setting the arrangements and the issues, and stating the joint-report rule in Victoria, Queensland or New South Wales. |
| [Letter of instruction to an actuary on future loss](https://ailawframework.com/precedents/personal-injury-and-compensation/letter-instructing-actuary-on-future-loss.md) | Letter | Yellow | Letter asking an actuary to value future earnings and future treatment streams on the lawyer's assumptions, with the rate, percentage and life table left blank. |
| [Supplementary questions after an expert report](https://ailawframework.com/precedents/personal-injury-and-compensation/supplementary-questions-after-an-expert-report.md) | Letter | Yellow | Short letter sending further documents and asking whether the expert's opinion on a material matter has changed, with the supplementary-report duty for each state. |
| [WorkSafe Form A, application for common law damages: completion guide](https://ailawframework.com/precedents/personal-injury-and-compensation/form-vic-worksafe-form-a-common-law.md) | Form | Yellow | Guide to WorkSafe Form A for an application under section 328 of the Workplace Injury Rehabilitation and Compensation Act 2013 or section 134AB(4) of the Accident Compensation Act 1985. |
| [WorkSafe Form D, authority to release medical information: completion guide](https://ailawframework.com/precedents/personal-injury-and-compensation/form-vic-worksafe-form-d.md) | Form | Yellow | Link to WorkSafe Form D, the signed authority and consent to release medical information that accompanies a common law damages application. |
| [Magistrates' Court WorkCover referral to a Medical Panel: completion guide](https://ailawframework.com/precedents/personal-injury-and-compensation/form-vic-mcv-medical-panel-referral.md) | Form | Red | Link to the Magistrates' Court form parties or their practitioners complete and submit with an application to refer a WorkCover matter to a Medical Panel. |
| [County Court notice of intention to refer a medical question to a Medical Panel: guide](https://ailawframework.com/precedents/personal-injury-and-compensation/form-vic-ccv-medical-question-notice.md) | Form | Red | Guide to the County Court notice of intention to refer a medical question to a Medical Panel in a serious injury application for a work injury, from the Common Law Division Practice Note of 9… |

Signed-in accounts can read the full text of each one.

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