---
title: "Prepare the issues for a compensation claim for detriment"
url: "https://ailawframework.com/practice/whistleblowing-and-public-interest-disclosures/prepare-the-issues-for-a-compensation-claim-for-detriment"
type: "task"
site: "AI Law Framework"
id: "A67-SB20261022-6"
practice_area: "Whistleblowing & Public Interest Disclosures"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Prepare the issues for a compensation claim for detriment

> From the de-identified chronology, build an issues table for a corporations compensation claim. Tag each event to s 1317AD(1): detrimental conduct causing detriment or threatening it;…

Canonical page: https://ailawframework.com/practice/whistleblowing-and-public-interest-disclosures/prepare-the-issues-for-a-compensation-claim-for-detriment  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Whistleblowing & Public Interest Disclosures](https://ailawframework.com/practice/whistleblowing-and-public-interest-disclosures.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | From the de-identified chronology, build an issues table for a corporations compensation claim. Tag each event to s 1317AD(1): detrimental conduct causing detriment or threatening it; a belief or suspicion that the second person or any other person made, may have made, proposes to make, or could make a qualifying disclosure; and that belief or suspicion as the reason or part of the reason. Add rows for accessorial liability under s 1317AD(2) and for a body corporate's failure to fulfil a duty under s 1317AD(2A). Record the burden in s 1317AD(2B): the claimant bears the onus of adducing or pointing to evidence that suggests a reasonable possibility of the matters specified for the applicable subsection, and if that onus is discharged the other person bears the onus of proving the claim is not made out. Record that a threat may be express or implied, conditional or unconditional, and that it is not necessary to prove the person threatened feared the threat would be carried out. Tag detriment to the inclusive list in s 1317ADA. List the orders in s 1317AE(1), the employment-period consideration in s 1317AE(2) where termination or forced resignation is alleged, and the employer factors in s 1317AE(3), including reasonable precautions, due diligence, and whether the employer gave effect to a policy dealing with the s 1317AI(5) matters. Note the costs rule in s 1317AH for a proceeding on a s 1317AE matter. The lawyer supplies a de-identified copy. The tool does not receive the discloser's name or details likely to identify the discloser. The tool does not write the application, the orders sought, or any sentence for a filed document. |
| What the lawyer must review | The lawyer decides whether a claim is open, who the respondents are, and what orders to seek, and writes the application. The victim need not be the whistleblower: s 1317AD(1) looks at a belief or suspicion about the second person or any other person. A public-sector reprisal is a different statute. Under the Public Interest Disclosure Act 2013 (Cth), s 13 defines a reprisal, s 13(2) lists detriment and its employment-position limb is alteration of an employee's position, s 13(3) says reasonable administrative action to protect the other person from detriment is not a reprisal to that extent, ss 14, 15 and 16 provide compensation, injunctions and apologies, other orders, and reinstatement, s 18 is the costs rule, and s 19 is the offence, with a penalty of imprisonment for 2 years or 120 penalty units or both. Those applications are made to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2). A State or Territory reprisal claim uses that jurisdiction's Act. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Lawyer writes the claim from the issues table**

The tool tags events to the statutory elements. The lawyer decides the claim and writes every sentence that would be filed.

- What the AI does: From the de-identified chronology, build an issues table for a corporations compensation claim. Tag each event to s 1317AD(1): detrimental conduct causing detriment or threatening it; a belief or suspicion that the second person or any other person made, may have made, proposes to make, or could make a qualifying disclosure; and that belief or suspicion as the reason or part of the reason. Add rows for accessorial liability under s 1317AD(2) and for a body corporate's failure to fulfil a duty under s 1317AD(2A). Record the burden in s 1317AD(2B): the claimant bears the onus of adducing or pointing to evidence that suggests a reasonable possibility of the matters specified for the applicable subsection, and if that onus is discharged the other person bears the onus of proving the claim is not made out. Record that a threat may be express or implied, conditional or unconditional, and that it is not necessary to prove the person threatened feared the threat would be carried out. Tag detriment to the inclusive list in s 1317ADA. List the orders in s 1317AE(1), the employment-period consideration in s 1317AE(2) where termination or forced resignation is alleged, and the employer factors in s 1317AE(3), including reasonable precautions, due diligence, and whether the employer gave effect to a policy dealing with the s 1317AI(5) matters. Note the costs rule in s 1317AH for a proceeding on a s 1317AE matter. The lawyer supplies a de-identified copy. The tool does not receive the discloser's name or details likely to identify the discloser. The tool does not write the application, the orders sought, or any sentence for a filed document.
- What the lawyer does: The lawyer decides whether a claim is open, who the respondents are, and what orders to seek, and writes the application. The victim need not be the whistleblower: s 1317AD(1) looks at a belief or suspicion about the second person or any other person. A public-sector reprisal is a different statute. Under the Public Interest Disclosure Act 2013 (Cth), s 13 defines a reprisal, s 13(2) lists detriment and its employment-position limb is alteration of an employee's position, s 13(3) says reasonable administrative action to protect the other person from detriment is not a reprisal to that extent, ss 14, 15 and 16 provide compensation, injunctions and apologies, other orders, and reinstatement, s 18 is the costs rule, and s 19 is the offence, with a penalty of imprisonment for 2 years or 120 penalty units or both. Those applications are made to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2). A State or Territory reprisal claim uses that jurisdiction's Act.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.
- Restriction: The lawyer makes the substantive assessment and writes any document that will be sent, filed or signed. Any permitted AI assistance remains supporting work with its own checks.

## Checks the lawyer makes

1. Tag each event to a paragraph of s 1317ADA and to the reason element in s 1317AD(1)(c).
2. State the s 1317AD(2B) onus as adducing or pointing to evidence of a reasonable possibility, then proof by the other person that the claim is not made out.
3. Where termination or forced resignation is alleged, include the likely period without employment under s 1317AE(2).
4. No sentence from the table is copied into a filed application. The lawyer writes that document.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Corporations Act 2001 (Cth) s 1317AD](https://classic.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s1317ad.html) (checked 2026-10-22)
- [Corporations Act 2001 (Cth) s 1317ADA](https://classic.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s1317ada.html) (checked 2026-10-22)
- [Corporations Act 2001 (Cth) s 1317AE](https://classic.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s1317ae.html) (checked 2026-10-22)
- [Corporations Act 2001 (Cth) s 1317AH](https://classic.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s1317ah.html) (checked 2026-10-22)
- [Public Interest Disclosure Act 2013 (Cth), compilation C2026C00225](https://www.legislation.gov.au/C2013A00133/latest) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Protection-from-detriment checklist for a corporations or public-sector disclosure](https://ailawframework.com/precedents/whistleblowing-and-public-interest-disclosures/protection-from-detriment-checklist.md) | Checklist | Yellow | A checklist of the detriment lists in Corporations Act s 1317ADA and Public Interest Disclosure Act s 13, and of the support steps to record. It does not assess a compensation claim. |

Signed-in accounts can read the full text of each one.

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/whistleblowing-and-public-interest-disclosures/prepare-the-issues-for-a-compensation-claim-for-detriment/united-states.md) | Yellow |

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