Record a New South Wales first interview against the scheme and time rules
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the lawyer's notes of the interview, make a dated file note of the accident, the injury, treatment, work, who enquired, and which schemes the facts appear to touch. The note stays in the file. It is not sent out, and it is not a person's evidence.
- What the lawyer must review
- Settle which facts are recorded as instructions
- Keep the note in the file. Do not send it out
- Do not generate the content of a person's evidence
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. New South Wales
Produce. A dated file note that stays on the file.
Have ready. The lawyer's interview notes; The schemes the lawyer has marked as possibly touched.
Example of the limit. Illustrative example: The person was injured driving home from work. The note records a possible section 10 journey and a possible section 3.35 overlap. It does not say either claim is payable.
Stop and hand it back when
- The note would be sent to an insurer.
- The note would be written as the person's evidence.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Where the facts may be a journey, record that Workers Compensation Act section 10 can treat a journey to which the section applies as arising out of or in the course of employment. Record the limits the lawyer marks, including serious and wilful misconduct, a medical condition the journey did not cause or contribute to, and, for a journey to or from the place of abode, the need for a real and substantial connection. Do not decide that the section applies.
- Where the facts may be both work and a motor accident, record Motor Accident Injuries Act section 3.35. An injured person is not entitled to statutory benefits if workers compensation is payable in respect of the injury, or would be payable if the liability had not been commuted. The relevant insurer is not entitled to refuse payment on the ground that workers compensation is payable unless the injured person has made a successful claim for workers compensation, or has failed to comply with a request by that insurer under the section to make one.
- Record section 50F only as a question: a minor is not under a disability for that section while a capable parent or guardian exists. Record section 50A(3): that Division does not apply to a Motor Accidents Compensation Act 1999 claim or a Motor Accident Injuries Act 2017 claim.
- Practice note SC Gen 23, paragraph 10, says generative artificial intelligence must not generate the content of a person's evidence. Paragraph 9B allows an index and a summary of documents. This note is neither evidence nor a letter.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Checklist for an interpreted interview | Checklist | AI use Yellow | Checklist for running a personal injury interview with an interpreter: who speaks, how often to pause, and what the interpreter is not asked to explain. |
| First interview guide for a First Nations client | Checklist | AI use Yellow | A lawyer's guide for a first interview with an Aboriginal or Torres Strait Islander client, using the New South Wales Law Society guide and Legal Aid Queensland's practice points. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Workers Compensation Act 1987 (NSW), in force from 1 October 2026, section 10 · 2026-10-23
- Motor Accident Injuries Act 2017 (NSW), in force from 10 June 2026, section 3.35 · 2026-10-23
- Limitation Act 1969 (NSW), sections 50A and 50F · 2026-10-23
- Supreme Court of NSW, Practice Note SC Gen 23, paragraphs 9B and 10 · 2026-10-23
Health and wage records stay in a firm-controlled tool. The lawyer applies ASCR r 9 and APP 11, and decides whether any breach is notifiable under the Privacy Act 1988 (Cth).
The note does not send the notice in section 3.35(7). A person who claims both statutory benefits and workers compensation must inform both insurers, unless they would already know.