Set out the normal-fortitude questions for a mental harm duty of care
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Set out the questions in the duty section the lawyer names, one row each, and leave every answer blank. Include sudden shock, presence at the scene, the relationship, and any pre-existing relationship only if that section lists them.
- What the lawyer must review
- You decide whether a duty is owed. The tool lists the statutory questions and does not answer them.
- Do not treat normal fortitude as a diagnosis. Use a known lesser fortitude only in the way the section states.
- A section that says shock does not bar recovery is not the duty test. Keep it in its own row.
- ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).
Open a jurisdiction version of this task to see which instruments apply: NSWVICQLD
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and 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
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Psychiatrist's instructions on a recognised psychiatric illness | Letter | AI use Yellow | Letter asking a psychiatrist whether there is a recognised psychiatric illness for a mental harm claim, without asking the psychiatrist to apply the statutory tests. |
Signed-in accounts can read the full text of each one. All precedents.