---
title: "Record a New South Wales first interview against the scheme and time rules"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/record-the-first-interview-in-a-sourced-file-note/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-IN20261023-5-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Record a New South Wales first interview against the scheme and time rules

> 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.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/record-the-first-interview-in-a-sourced-file-note/new-south-wales  
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 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 |
| Written for | New South Wales |
| Applies to | [Record the first interview in a sourced file note](https://ailawframework.com/practice/personal-injury-and-compensation/record-the-first-interview-in-a-sourced-file-note.md) |

## Checking plan

**Verify against sources**

The note is a file record. It does not decide a scheme, a time limit, or what a person can say.

- What the AI does: 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 does: Settle the file note and decide which facts are instructions.
- 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. 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.
2. 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.
3. 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.
4. 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.

## Notes

- 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.

## Practical guide

Jurisdiction: New South Wales

**Deliverable**: A dated file note that stays on the file.

**Inputs**

- The lawyer's interview notes
- The schemes the lawyer has marked as possibly touched

**Example**: 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 escalate when**

- The note would be sent to an insurer.
- The note would be written as the person's evidence.

Checked 2026-10-23.

## Sources

- [Workers Compensation Act 1987 (NSW), in force from 1 October 2026, section 10](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1987-070) (checked 2026-10-23)
- [Motor Accident Injuries Act 2017 (NSW), in force from 10 June 2026, section 3.35](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2017-010) (checked 2026-10-23)
- [Limitation Act 1969 (NSW), sections 50A and 50F](https://classic.austlii.edu.au/au/legis/nsw/consol_act/la1969133/s50a.html) (checked 2026-10-23)
- [Supreme Court of NSW, Practice Note SC Gen 23, paragraphs 9B and 10](https://supremecourt.nsw.gov.au/documents/Practice-and-Procedure/Practice-Notes/general/current/PN_SC_Gen_23.pdf) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Checklist for an interpreted interview](https://ailawframework.com/precedents/personal-injury-and-compensation/interpreter-interview-checklist.md) | Checklist | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/first-nations-interview-guide.md) | Checklist | 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.

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