---
title: "Draft the expert report attached to a section 315 pre-filing statement for work injury damages"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/draft-the-expert-report-attached-to-a-section-315-pre-filing-statement-f"
type: "task"
site: "AI Law Framework"
id: "A21-B15-2"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-22"
---

# Draft the expert report attached to a section 315 pre-filing statement for work injury damages

> Do not draft the report. List the questions and the records the expert will use, and note the disclosure the report must contain if generative AI is used.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/draft-the-expert-report-attached-to-a-section-315-pre-filing-statement-f  
Last reviewed: 2026-10-22

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 | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | Do not draft the report. List the questions and the records the expert will use, and note the disclosure the report must contain if generative AI is used. |
| What the lawyer must review | PIC13 requires disclosure in the report. It does not require prior leave. If the report will be relied on in a court work-injury damages proceeding, SC Gen 23 paragraph 23 is leave to rely, sought at the first directions hearing of that court matter. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Lawyer-led judgement**

Procedural Direction PIC13 paragraph 22 says generative AI must not be used to draft or prepare any part of an expert report unless that use is disclosed in the report. It does not require prior leave. Paragraph 25 applies those disclosure requirements to an expert report attached to a section 315 pre-filing statement when the report is filed in the Commission in the applications that paragraph lists. Practice Note SC Gen 23 paragraph 23 is different: if such a report was prepared using generative AI and is to be relied on in court proceedings for work injury damages, leave to rely on it must be sought at the first directions hearing. That is leave to rely in the court. It is not a direction to obtain leave before the report is drafted, and it is not the Commission's rule.

- What the AI does: Do not draft the report. List the questions and the records the expert will use, and note the disclosure the report must contain if generative AI is used.
- What the lawyer does: PIC13 requires disclosure in the report. It does not require prior leave. If the report will be relied on in a court work-injury damages proceeding, SC Gen 23 paragraph 23 is leave to rely, sought at the first directions hearing of that court matter.
- Basis: Checked against the linked public source on 10 October 2026.
- Written for: NSW

## Notes

- Forum: Personal Injury Commission of New South Wales. Document: Expert report for a section 315 pre-filing statement.
- Main AI risk: Procedural Direction PIC13 paragraph 22 says generative AI must not be used to draft or prepare any part of an expert report unless that use is disclosed in the report. It does not require prior leave. Paragraph 25 applies those disclosure requirements to an expert report attached to a section 315 pre-filing statement when the report is filed in the Commission in the applications that paragraph lists. Practice Note SC Gen 23 paragraph 23 is different: if such a report was prepared using generative AI and is to be relied on in court proceedings for work injury damages, leave to rely on it must be sought at the first directions hearing. That is leave to rely in the court. It is not a direction to obtain leave before the report is drafted, and it is not the Commission's rule.

## Sources

- [Personal Injury Commission: Procedural Direction PIC13](https://www.pi.nsw.gov.au/resources/procedural-directions/procedural-direction-pic13-use-of-generative-artificial-intelligence) (checked 2026-10-10)
- [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 2026-10-10)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/personal-injury-and-compensation/draft-the-expert-report-attached-to-a-section-315-pre-filing-statement-f/united-states.md) | Red |

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