Checklist · Child Protection & Care Proceedings
Screen for reporter identity before care records are used (NSW s 29)
Screen of produced care records for the identity of a person who made a report, or details from which that identity could be deduced, before the records are briefed, filed or put to a witness.
- Kind
- Checklist. Steps or checks to work through and tick off.
- Where it applies
- Australia, New South Wales
- AI use
- Yellow You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the authority it cites, for Australia and New South Wales.
- Version
- 1
- Source
- Written for this library
When to use it
Use when departmental records, subpoenaed material or a brief are received in a NSW care matter, and again before any of that material is shown to a client, an expert or the Court.
Used for these tasks
- Build the confidential-information and disclosure register for the care file
- Screen produced or subpoenaed care records for reporter identity and identifying details before use
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
AI may flag pages that name a notifier or a person who gave the information. The lawyer decides what is identifying and whether leave is required.
AI may
- List page numbers where a document uses words such as reporter, notifier, referrer or the name of a person who contacted the department
- Build a withheld index: page, type of detail, proposed treatment
- Keep the flag list inside the firm's matter system and out of any draft that will be served
AI must not
- Must not copy an identifying passage into a summary, a chronology or a letter
- Must not decide that leave should be sought or that consent exists
- Must not describe an offence provision in s 29 that was not read
The lawyer checks
- Each flagged passage is read by the lawyer, not only by the tool
- Identity, and information from which identity could be deduced, is not disclosed unless the reporter has consented or a court has granted leave
- Any leave application addresses s 29(2): the evidence is of critical importance and failure to admit it would prejudice the proper administration of justice
- The protections in s 29(3A) for a person who in good faith provided the information, or was concerned in making the report, are considered. That subsection was opened only in part and is re-read before it is relied on
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
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- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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