Check a client's draft NSW claim description before lodgement
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Compare the client's draft description of the injury with the medical and wage records and list statements that the records do not support. Do not rewrite the client's account.
- What the lawyer must review
- The client owns the description that is lodged. Change only what the client confirms
- Check whether the form asks the client to declare the contents
- Do not put the draft into a public tool. Health information stays firm-controlled
- A breach of those records may be notifiable under the Privacy Act 1988 (Cth)
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. NSW workers compensation or motor accident claim, before lodgement
Produce. A list of statements in the client's draft that the records do not support, for the lawyer to take up with the client.
Have ready. The client's draft description; Medical and wage records selected by the lawyer; The form that will be lodged.
Example of the limit. Illustrative example: The draft says the injury was a fall from a ladder. The first hospital note says the person slipped on a wet floor. The list records both accounts. It does not pick one.
Stop and hand it back when
- The client has not seen the conflicts.
- The draft would be lodged as the client's evidence and has been rewritten by the tool.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Compare the client's draft description of the injury with the medical and wage records and list statements that the records do not support. Do not rewrite the client's account. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- List only conflicts with a record. Do not add a mechanism, a body part or a period off work that the client has not stated.
- On a workers compensation claim, a relevant-conduct psychological injury is described in section 3A of the claim form, and the insurer then has 42 days to decide.
- On a motor accident claim made by phone, guideline 4.24 says notice is not given until the completed pre-filled form is returned. Do not treat every draft description as notice.
- If the description may later be the client's evidence in court or in the Commission, generative AI must not generate its content.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Injury intake questionnaire | Form | AI use Yellow | Questions for the first contact with an injured person: who is enquiring, age and capacity, how the injury happened, which schemes might apply, treatment and work, and the documents to keep. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- SIRA: Weekly payments · 2026-10-23
- Supreme Court of NSW: Practice Note SC Gen 23 · 2026-10-23
- Personal Injury Commission: Procedural Direction PIC13 · 2026-10-23
Practice Note SC Gen 23, paragraphs 10 to 13, and Procedural Direction PIC13, paragraphs 12 to 15, deal with evidence. A working comparison is allowed. A rewrite of the client's account is not.
Health information stays in a firm-controlled tool. Australian Solicitors' Conduct Rules rule 9 and Australian Privacy Principle 11 apply, and a breach may be notifiable under the Privacy Act 1988 (Cth).