Index New South Wales clinical records before the status conference
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the records produced to the court, build a page index marking the date, the author and any page naming another person. The tool does not decide what is served.
- What the lawyer must review
- Keep clinical records in a firm-controlled tool. Do not put them in a public AI tool.
- Apply rule 9.1. Do not disclose confidential client information, except as rule 9.2 allows.
- Take reasonable steps under APP 11 to protect the records from loss or unauthorised access.
- Decide whether a loss likely to result in serious harm must be notified under the Privacy Act.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. District Court General List production inspected before the status conference
Produce. A page index for the inspection, with third-party pages flagged.
Have ready. The produced records; The status conference date; Any non-publication or suppression order.
Example of the limit. Illustrative example: Production arrives the week of the status conference. The index is limited to pages the lawyer has opened. Unread boxes are not marked as inspected.
Stop and hand it back when
- A non-publication order covers the records and the controls have not been checked.
- The tool is asked to serve documents the lawyer has not seen.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the records produced to the court, build a page index marking the date, the author and any page naming another person. The tool does not decide what is served. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Inspect produced documents before the status conference, as Practice Note 16 requires.
- Flag a page naming a person other than the client before anything is served.
- Do not enter material subject to a non-publication order into a generative AI program unless the confidentiality controls are satisfied.
Sources
- District Court of NSW, Civil Practice Note 16, paragraphs 27 and 28 · 2026-10-23
- Supreme Court of NSW, Practice Note SC GEN 23 · 2026-10-23
- OAIC, APP 11 · 2026-10-23
Supreme Court Practice Note SC GEN 23, commenced on 3 February 2025, prohibits generative AI from generating evidentiary content, and requires prior leave before it is used to draft an expert report.
SC GEN 23 allows a chronology, an index or a witness list. No District Court generative AI practice note was opened. Practice Note 16 governs the General List.