Index prior complaints for the Victorian reasonable-precautions question
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the complaint files the lawyer has already collected, build a table with the date, the author, the person named, and the document and page. Do not decide that a complaint proves notice or a breach.
- What the lawyer must review
- Decide which complaints are relevant to reasonable precautions under s 91.
- A complaint about another child is not used until you decide the evidence question.
- The index decides nothing. It does not go outside the firm.
- Keep the file in the firm's system. ASCR r 9 and APP 11 apply.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria. A working index for a s 91 claim. It is not a court document until the lawyer makes it one.
Produce. A source-tagged index of prior complaints and personnel notes already on the file.
Have ready. Complaint files the lawyer has collected; Personnel notes; The page of each document.
Example of the limit. Illustrative example: One memorandum names a different child and another names the person in this claim. The tool puts them on separate rows with dates and pages. It does not write that the institution knew.
Stop and hand it back when
- A row has no page.
- The index is prepared for sending outside the firm.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the complaint files the lawyer has already collected, build a table with the date, the author, the person named, and the document and page. Do not decide that a complaint proves notice or a breach. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- On a s 91 claim, breach is presumed once abuse by an associated individual is proved, unless the organisation proves reasonable precautions.
- The note to s 91 lists, among the factors, the nature of the organisation, its resources, its relationship with the child, any delegation, and the role of the perpetrator.
- An index is material for that proof. It does not decide the proof, and it does not find notice or tendency.
- Every row cites a document and a page. A complaint that names a different child is marked and left to the lawyer.
Sources
- Wrongs Act 1958 (Vic) s 91 · 2026-10-23
- Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW) r 9.1 · 2026-10-23
- OAIC, APP 11 security of personal information · 2026-10-23
Do not send the index outside the firm.
If this is used in a Supreme Court document, the Court's news page on Practice Note SC Gen 25 says court users are responsible for the content whether or not they used AI.