---
title: "Firm protocol: AI use with child protection records"
url: "https://ailawframework.com/precedents/child-protection-and-care-proceedings/ai-child-records-confidentiality-protocol"
type: "precedent"
site: "AI Law Framework"
id: "a52-ai-child-records-confidentiality-protocol"
area_id: "A52"
kind: "policy"
ai_level: "red"
version: 1
law_stated_as_at: "2026-10-17"
---

# 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…

Canonical page: https://ailawframework.com/precedents/child-protection-and-care-proceedings/ai-child-records-confidentiality-protocol  
Law stated as at: 2026-10-17

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

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.

## Key facts

- Kind: Policy. A policy or procedure for a firm or client.
- Practice area: [Child Protection & Care Proceedings](https://ailawframework.com/precedents/child-protection-and-care-proceedings.md)
- Jurisdictions: New South Wales
- AI level: Red. Keep AI out of the decisive steps. A lawyer does the work.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 5 authorities it cites, for New South Wales.

## 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

## Authorities

- [Children and Young Persons (Care and Protection) Act 1998 (NSW) s 105 (publication of names and identifying information)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1998-157)
- [Children and Young Persons (Care and Protection) Act 1998 (NSW) s 29 (protection of persons who make reports)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1998-157)
- [Children's Court of NSW Practice Note No 21 – Generative Artificial Intelligence (commenced 7 September 2026)](https://childrenscourt.nsw.gov.au/content/dam/dcj/ctsd/childrenscourt/documents/practice-notes/Practice_Note_21__Generative_Artificial_Intelligence.pdf)
- [Supreme Court of NSW Practice Note SC Gen 23 paras 9A, 12, 13, 16](https://supremecourt.nsw.gov.au/documents/Practice-and-Procedure/Practice-Notes/general/current/PN_SC_Gen_23.pdf)
- [Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 rr 4.1.3, 9, 37](https://legislation.nsw.gov.au/view/html/inforce/current/sl-2015-0244)

## 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/child-protection-and-care-proceedings/ai-child-records-confidentiality-protocol 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.*