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

# Instruct a Victorian medico-legal expert and review the draft report

> Turn the lawyer's issues list into a letter of instruction that draws attention to the applicable Victorian expert code and the court's AI practice note, and table the draft report's assumptions, materials, reasoning…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/draft-medico-legal-instructions-and-review-the-draft-report/victoria  
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 draws attention to the applicable Victorian expert code and the court's AI practice note, and table the draft report's assumptions, materials, reasoning and any AI statement. Do not rewrite the opinion. |
| What the lawyer must review | Settle the issues and the questions. The letter the expert receives is checked in full. Draw attention to the applicable expert code and the court's AI practice note. On the draft report, do not rewrite the opinion. Keep records in a firm-controlled tool. |
| Written for | Victoria |
| 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 the expert receives and checks the draft report. The opinion is not rewritten.

- What the AI does: Turn the lawyer's issues list into a letter of instruction that draws attention to the applicable Victorian expert code and the court's AI practice note, and table the draft report's assumptions, materials, reasoning and any AI statement. Do not rewrite the opinion.
- What the lawyer does: Make the legal assessment, check the source material and authorise the output for its intended use.
- 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. Use only the issues and questions the lawyer has settled. Name the court or the Panel.
2. Draw attention to the code that applies. Supreme Court Form 44A is under the Supreme Court (General Civil Procedure) Rules 2025. County Court Form 44A is under the County Court Civil Procedure Rules 2018. The form text was not opened.
3. Ask the expert to comply with the court's AI practice note. SC GEN 25 paragraph 6.12 and County Court paragraph 5.12 require particular caution. Verification is meaningful human control. One tool cannot confirm another.
4. On the draft, table assumptions, materials, reasoning and any AI statement against the letter. A Medical Panel referral is a separate step. The Panel's answer is not rewritten.

## Notes

- Keep health, wage and scheme records in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).
- If the product supports a court document, apply the note for that court: Supreme Court Practice Note SC GEN 25 (14 May 2026), the County Court practice note on artificial intelligence by court users (9 June 2026), or the Magistrates' Court guidelines issued 19 October 2026. One tool cannot verify another. Do not put confidential or sensitive information into a public tool.
- The letter is a document the expert receives, so the lawyer checks every letter. Nothing in the letter is filed by the tool.

## Practical guide

Jurisdiction: Victoria: a letter of instruction to a medico-legal expert, and a check of the draft report

**Deliverable**: A letter of instruction from the lawyer's issues list, and a table of the draft report, for the lawyer to settle.

**Inputs**

- Lawyer's issues and questions
- Materials the expert may see
- The court or Panel
- Draft report, when it arrives

**Example**: Illustrative example: The lawyer's list has four questions. The tool puts those questions into a letter that names the County Court code and the 9 June 2026 practice note. The lawyer reads the letter before it is sent. When the draft arrives, the tool tables an assumption that was not in the letter and leaves the opinion unchanged.

**Stop and escalate when**

- The letter would add an issue the lawyer has not settled.
- Health records would be placed in a public tool.
- The check would rewrite the opinion.

Checked 2026-10-23.

## Sources

- [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)
- [County Court of Victoria: Use of Artificial Intelligence by Court Users practice note (9 June 2026)](https://www.countycourt.vic.gov.au/files/documents/2026-06/use-artificial-intelligence-court-users-practice-note.docx) (checked 2026-10-23)
- [Magistrates' Court of Victoria: Guidelines for the use of artificial intelligence by Court users (19 October 2026)](https://www.mcv.vic.gov.au/sites/default/files/2026-10/MCV%20Guidelines%20-%20Use%20of%20Artificial%20Intelligence%20by%20Court%20users.pdf) (checked 2026-10-23)
- [Medical Panels Victoria](https://medicalpanels.vic.gov.au/) (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.*