---
title: "Screen for reporter identity before care records are used (NSW s 29)"
url: "https://ailawframework.com/precedents/child-protection-and-care-proceedings/reporter-identity-screen"
type: "precedent"
site: "AI Law Framework"
id: "a52-reporter-identity-screen"
area_id: "A52"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A52-E20261018-1", "A52-E20261018-2"]
law_stated_as_at: "2026-10-22"
---

# 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.

Canonical page: https://ailawframework.com/precedents/child-protection-and-care-proceedings/reporter-identity-screen  
Law stated as at: 2026-10-22

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

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Child Protection & Care Proceedings](https://ailawframework.com/precedents/child-protection-and-care-proceedings.md)
- Jurisdictions: Australia, New South Wales
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the authority it cites, for Australia and New South Wales.

## 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](https://ailawframework.com/practice/child-protection-and-care-proceedings/build-the-confidential-information-and-disclosure-register-for-the-care.md)
- [Screen produced or subpoenaed care records for reporter identity and identifying details before use](https://ailawframework.com/practice/child-protection-and-care-proceedings/screen-produced-or-subpoenaed-care-records-for-reporter-identity-and-ide.md)

## 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

## Authorities

- [Children and Young Persons (Care and Protection) Act 1998 (NSW) s 29(1)(f), (1A), (2) and (3) (reporter identity not to be disclosed without consent or leave; leave only if the evidence is of critical importance and exclusion would prejudice the administration of justice)](https://classic.austlii.edu.au/au/legis/nsw/consol_act/caypapa1998442/s29.html)

## 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/reporter-identity-screen 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.*