---
title: "Index prior complaints for the Victorian reasonable-precautions question"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/index-prior-complaints-the-lawyer-has-already-collected/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-AB20261023-11-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Index prior complaints for the Victorian reasonable-precautions question

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/index-prior-complaints-the-lawyer-has-already-collected/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 | 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. |
| Written for | Victoria |
| Applies to | [Index prior complaints the lawyer has already collected](https://ailawframework.com/practice/personal-injury-and-compensation/index-prior-complaints-the-lawyer-has-already-collected.md) |

## Checking plan

**Verify against sources**

The lawyer decides relevance and privilege. The tool builds a source-tagged index.

- What the AI does: 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 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. On a s 91 claim, breach is presumed once abuse by an associated individual is proved, unless the organisation proves reasonable precautions.
2. 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.
3. An index is material for that proof. It does not decide the proof, and it does not find notice or tendency.
4. Every row cites a document and a page. A complaint that names a different child is marked and left to the lawyer.

## Notes

- 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.

## Practical guide

Jurisdiction: Victoria. A working index for a s 91 claim. It is not a court document until the lawyer makes it one.

**Deliverable**: A source-tagged index of prior complaints and personnel notes already on the file.

**Inputs**

- Complaint files the lawyer has collected
- Personnel notes
- The page of each document

**Example**: 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 escalate when**

- A row has no page.
- The index is prepared for sending outside the firm.

Checked 2026-10-23.

## Sources

- [Wrongs Act 1958 (Vic) s 91](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s91.html) (checked 2026-10-23)
- [Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW) r 9.1](https://legislation.nsw.gov.au/view/html/inforce/current/sl-2015-0244) (checked 2026-10-23)
- [OAIC, APP 11 security of personal information](https://www.oaic.gov.au/privacy/australian-privacy-principles/australian-privacy-principles-guidelines/chapter-11-app-11-security-of-personal-information) (checked 2026-10-23)

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