Policy · Personal Injury & Compensation

AI use policy for health information

Firm rule for health information in plaintiff injury work: it stays in a firm-controlled tool, and public tools are not used. Court and tribunal rules still govern what may be prepared with a tool.

Kind
Policy. A policy or procedure for a firm or client.
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 16 authorities it cites, for 4 jurisdictions.
Version
1
Source
Written for this library

When to use it

Use whenever someone in the firm wants to put medical, hospital, wage or other health information from a plaintiff injury file into a tool. Pair it with the medical-chronology verification protocol. This policy does not replace that protocol.

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

A lawyer applies this policy to each upload of health information, and the tool writes nothing into evidence or into a public system.

AI may

  • Check a proposed upload against the approved-tool list and the signed consent
  • List which court or tribunal note the lawyer has named for the matter
  • Record an incident report from facts the lawyer supplies, without deciding whether the breach is notifiable

AI must not

  • Must not put health information, or other confidential client information, into a public tool
  • Must not generate the content of an affidavit, a witness statement, or other evidence
  • Must not treat another tool's answer as verification of a citation or a medical fact
  • Must not decide that a privacy incident is, or is not, an eligible data breach

The lawyer checks

  • The tool is closed, contracted, and on the approved list, and the client's express consent is on the file
  • Suppressed, subpoenaed or compelled material meets the conditions in the note that binds the proceeding before it is entered
  • A suspected eligible data breach is assessed quickly, and notification of individuals and the OAIC is decided by the lawyer

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

More in Personal Injury & Compensation

All precedents for Personal Injury & Compensation · Tasks and AI use in this area