Policy · AI decision systems

AI incident response procedure for law firms (master procedure for all AI incidents)

Master procedure for detecting, containing, assessing and remedying every kind of AI incident: fabricated citations reaching a court, client data in unapproved tools, harmful outputs from client-facing tools, biased decisions, deepfake impersonation and vendor breaches.

Kind
Policy. A policy or procedure for a firm or client.
Where it applies
Australia, New South Wales, Victoria, Western Australia
AI use
Red Keep AI out of the decisive steps. A lawyer does the work.
Law stated as at
17 October 2026
Status
Maintained. Checked against the cited sources on 17 October 2026.
Version
1
Source
Written for this library

When to use it

Adopt with the firm AI use policy and alongside the data breach response plan, which still governs data breaches. Use it whenever an AI-related error, exposure or misuse is suspected, even if no harm is yet known.

How AI may be used

Lawyer-led. AI may help build a timeline from logs and list affected matters, but decisions about containment, notification to courts, clients, the OAIC and insurers are made by the incident lead and responsible partners.

AI may

  • Build a timeline of events from system logs, tool histories and emails for the incident lead to verify.
  • List the matters, clients and documents potentially affected from search results the lawyer specifies.
  • Draft internal status updates from the incident lead's notes.

AI must not

  • Must not decide whether a breach is notifiable or whether a court must be told.
  • Must not draft communications to a court, client, regulator or insurer without lawyer review.
  • Must not be given the incident materials in the tool that caused the incident.

The lawyer checks

  • Evidence is preserved before any remediation that would alter it.
  • Court corrections are made as soon as possible and recorded.
  • Notification decisions under Pt IIIC and the insurance policy are made and documented within the time limits.

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

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