Form · Knowledge Management
Privilege and confidentiality clearance before know-how ingestion
Decision record, under s 118 and the duty of confidence, on whether a set of advice or client documents may be put into a know-how collection or an AI retrieval index.
- Kind
- Form. A form to complete, or a guide to completing an official one.
- Where it applies
- Australia
- AI use
- Red You write the text. The tool writes nothing into the document. Where permitted, it may check, clarify or collect data, and anything it checks or collects is verified.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the 5 authorities it cites, for Australia.
- Version
- 1
- Source
- Written for this library
When to use it
Complete before advice files, research memos or client documents are copied into a precedent bank, a vector index, or a tool other people in the firm can query. One record per set. A matter-only folder that only the matter team can open is a different, narrower decision and still needs a row.
Used for these tasks
- Assess privilege risk before ingesting advice files into AI
- Draft a firm policy on using client documents as AI knowledge
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
The lawyer decides whether the set is privileged or confidential and whether it may be ingested; a tool may only list filenames, dates and authors from metadata the lawyer exports.
AI may
- List filename, date and author from metadata the lawyer has exported for this set.
- Count how many files are marked privileged in the document profile.
AI must not
- Must not read the documents in order to decide privilege.
- Must not conclude that privilege has been waived, or that a document is safe to ingest.
- Must not copy the set into an index.
The lawyer checks
- The s 118 question is answered by a lawyer who has considered the purpose of the documents, not by a metadata flag alone.
- The decision states the index, who can query it, and whether client identifiers have been removed.
- If the answer is no, the set is not in the index, including any draft upload.
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
The full text is available after you log in. It is free. When you log in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- 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.
More in Knowledge Management
- Privacy due diligence before an AI knowledge vendor is chosen
- Legislation and citation currency audit worksheet
- Precedent review and approval procedure (including AI-drafted and AI-updated precedents)
- Policy on putting client documents into an AI knowledge tool
- Precedent metadata and version-control standard (for people and AI retrieval)
- Information barrier record for an AI knowledge tool
- Minimisation worksheet before a document joins the precedent bank
- AI prompt library governance policy (prompt templates linked to precedents and tasks)
- Knowledge-base content licensing and copyright checklist (before AI ingestion)
- Judgment know-how note
- Training outline: checking an AI output before it is kept or used
- Retention schedule for AI-indexed know-how and prompt history
- Matter close-out know-how capture form with confidentiality scrub
- AI knowledge assistant governance and source-citation policy (permission-aware search, information barriers, citations)
All precedents for Knowledge Management · Tasks and AI use in this area