Checklist · Confidentiality & client information

File retention and destruction schedule

Schedule for keeping, returning or destroying a closed plaintiff injury file, using the client-documents rule opened for New South Wales, Victoria and Queensland, and the separate privacy duty.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Australia, Victoria, Queensland, 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
23 October 2026
Status
Maintained. Checked on 23 October 2026 against the 5 authorities it cites, for 4 jurisdictions.
Version
1
Source
Written for this library

When to use it

Use when a plaintiff injury file is completed or the retainer ends, and again before any client document is destroyed. It does not replace the matter closure checklist. The lawyer marks every keep, return or destroy decision.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

The tool can lay out one row per closed file and repeat the rule that was opened for that state. The lawyer enters the dates, any instruction or legal obligation to keep the file, and the decision.

AI may

  • Create a row from the matter number and the state the lawyer has named
  • Repeat rule 14.2 as a permission to destroy after seven years, with the exceptions
  • Keep APP 11.2 on its own row, separate from rule 14.2

AI must not

  • Must not mark a file for destruction
  • Must not treat seven years as a duty to keep the file, or as a date that is always long enough
  • Must not add a health-records retention period, a trust-records period, or a period from an unopened section
  • Must not use the commentary sentence that says the rule requires documents to be kept for seven years

The lawyer checks

  • The completion or termination date is taken from the file, and the seven years are counted from that date only as the earliest day destruction is permitted
  • Client instructions and any other legal obligation to keep the documents are recorded before a destroy mark
  • APP 11.2 is considered on its own, including whether the information is still needed

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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