Policy · Child Protection & Care Proceedings

Firm protocol: AI use with child protection records

Internal protocol controlling whether and how AI tools may process departmental casework files, reports, assessments and subpoenaed records in care matters, given publication prohibitions, reporter protection and the Court's adoption of SC Gen 23.

Kind
Policy. A policy or procedure for a firm or client.
Where it applies
New South Wales
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 on 17 October 2026 against the 5 authorities it cites, for New South Wales.
Version
1
Source
Written for this library

When to use it

Adopt for any practice acting in NSW care proceedings (parents, carers, children or other parties). Review when the firm changes AI tools, when the Children's Court or Supreme Court changes its AI practice note, or after any incident.

How AI may be used

Child protection records are restricted, not merely confidential. This protocol permits only narrowly defined tasks in approved closed tools after clearance and redaction, and keeps the child's words, placement details and reporter identities out of AI entirely.

AI may

  • Chronology extraction from cleared, redacted departmental records in an Approved Tool, with page citations
  • Contact-record reconciliation against the contact order, with sources
  • Statutory timeline calculations from sealed orders

AI must not

  • Must not receive a child's words or disclosures, placement addresses, carer identities or reporter information
  • Must not draft or rephrase affidavits or the child's views
  • Must not be used through any public or consumer AI account

The lawyer checks

  • Clearance under clause 5 recorded before any processing
  • Redaction completed and checked by a person
  • Every AI output verified against source pages before use

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

Authorities

Read the full text

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