---
title: "AI incident and near-miss register for law firms (Australia)"
url: "https://ailawframework.com/precedents/ai-decision-systems/ai-incident-and-near-miss-register"
type: "precedent"
site: "AI Law Framework"
id: "a45-ai-incident-and-near-miss-register"
area_id: "A45"
kind: "form"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-11-07"
---

# AI incident and near-miss register for law firms (Australia)

> Register of AI incidents and near misses (wrong citations, confidential data in an unapproved tool, agent errors, deepfake attempts) with triage, notification decisions and lessons, used with the firm's AI incident…

Canonical page: https://ailawframework.com/precedents/ai-decision-systems/ai-incident-and-near-miss-register  
Law stated as at: 2026-11-07

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

Register of AI incidents and near misses (wrong citations, confidential data in an unapproved tool, agent errors, deepfake attempts) with triage, notification decisions and lessons, used with the firm's AI incident response procedure.

## Key facts

- Kind: Form. A form to complete, or a guide to completing an official one.
- Practice area: [AI decision systems](https://ailawframework.com/precedents/ai-decision-systems.md)
- Jurisdictions: Australia, Commonwealth, New South Wales, Victoria, Western Australia, Queensland
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-11-07
- Status: Maintained. Checked on 2026-11-07 against the 4 authorities it cites, for 6 jurisdictions.

## When to use it

Use from the day the firm approves any AI tool. Each entry links to the incident response procedure (a45-ai-incident-response-procedure). Review the register at each policy review and before renewing any AI vendor contract.

## How AI may be used

A tool may summarise entries and spot repeated causes. A lawyer decides whether an incident is an eligible data breach, whether the client or a court must be told, and closes each entry.

**AI may:**

- Summarise open entries and overdue actions
- Group entries by tool and cause for the review meeting

**AI must not:**

- Must not decide whether an eligible data breach has occurred
- Must not close an entry or record that a client or court was told
- Must not be given the confidential detail of the incident beyond what the register needs

**The lawyer checks:**

- Whether the incident involves personal information and needs a s 26WH assessment within 30 days
- Whether the client must be told, and whether a court needs a correction
- Root cause and fix are real changes, not just a reminder

## Authorities

- [Privacy Act 1988 (Cth) s 26WH: assessment of a suspected eligible data breach, to be completed within 30 days](https://classic.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s26wh.html)
- [Privacy Act 1988 (Cth), Part IIIC (notification of eligible data breaches)](https://www.legislation.gov.au/C2004A03712/latest/text)
- [Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015, rr 4.1.3 (competence), 9 (confidentiality) and 37 (supervision)](https://legislation.nsw.gov.au/view/html/inforce/current/sl-2015-0244)
- [Statement on the use of artificial intelligence in Australian legal practice (Law Society of NSW, Legal Practice Board of WA and Victorian Legal Services Board + Commissioner, 6 December 2024)](https://lsbc.vic.gov.au/news-updates/news/statement-use-artificial-intelligence-australian-legal-practice)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/ai-decision-systems/ai-incident-and-near-miss-register and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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