---
title: "AI use policy for health information"
url: "https://ailawframework.com/precedents/personal-injury-and-compensation/firm-health-information-ai-policy"
type: "precedent"
site: "AI Law Framework"
id: "a21-firm-health-information-ai-policy"
area_id: "A21"
kind: "policy"
ai_level: "yellow"
version: 1
task_ids: ["A21-B6-2", "A21-B6-5", "A21-T1-R2", "A21-B8-1", "A21-P20260916-1"]
law_stated_as_at: "2026-10-23"
---

# 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.

Canonical page: https://ailawframework.com/precedents/personal-injury-and-compensation/firm-health-information-ai-policy  
Law stated as at: 2026-10-23

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

## Key facts

- Kind: Policy. A policy or procedure for a firm or client.
- Practice area: [Personal Injury & Compensation](https://ailawframework.com/precedents/personal-injury-and-compensation.md)
- Jurisdictions: Australia, Victoria, Queensland, 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: 2026-10-23
- Status: Maintained. Checked on 2026-10-23 against the 16 authorities it cites, for 4 jurisdictions.

## 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

- [Build a PI medical chronology with AI](https://ailawframework.com/practice/personal-injury-and-compensation/build-a-pi-medical-chronology-with-ai.md)
- [Set an AI-use protocol for PI paralegals](https://ailawframework.com/practice/personal-injury-and-compensation/set-an-ai-use-protocol-for-pi-paralegals.md)
- [Build a medical chronology from the record set](https://ailawframework.com/practice/personal-injury-and-compensation/build-a-medical-chronology-from-the-record-set.md)
- [Comply with PIC13 when preparing PIC documents](https://ailawframework.com/practice/personal-injury-and-compensation/comply-with-pic13-when-preparing-pic-documents.md)
- [Find gaps and duplicates in a medical-record set](https://ailawframework.com/practice/personal-injury-and-compensation/find-gaps-and-duplicates-in-a-medical-record-set.md)

## 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

## Authorities

- [OAIC, guidance on privacy and the use of commercially available AI products](https://www.oaic.gov.au/privacy/privacy-guidance-for-organisations-and-government-agencies/guidance-on-privacy-and-the-use-of-commercially-available-ai-products)
- [OAIC, APP 11: security of personal information](https://www.oaic.gov.au/privacy/australian-privacy-principles/australian-privacy-principles-guidelines/chapter-11-app-11-security-of-personal-information)
- [OAIC, when to report a data breach](https://www.oaic.gov.au/privacy/notifiable-data-breaches/when-to-report-a-data-breach)
- [Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW) r 9](https://legislation.nsw.gov.au/view/whole/html/inforce/current/sl-2015-0244)
- [Queensland Law Society, Australian Solicitors' Conduct Rules](https://www.qls.com.au/practising-law-in-qld/ethics/australian-solicitors-conduct-rules)
- [Victorian Legal Services Board and Commissioner, statement on the use of artificial intelligence in Australian legal practice](https://lsbc.vic.gov.au/news-updates/news/statement-use-artificial-intelligence-australian-legal-practice)
- [Supreme Court of Victoria, Practice Note SC Gen 25](https://www.supremecourt.vic.gov.au/areas/legal-resources/practice-notes/sc-gen-25-the-use-of-artificial-intelligence-by-court-users)
- [County Court of Victoria, news of 9 June 2026 on the court users' practice note](https://www.countycourt.vic.gov.au/news-and-media/news-listing/2026-06-09-new-practice-note-and-guidelines-judicial-officers-use-artificial-intelligence)
- [Supreme Court of NSW, Practice Note SC Gen 23](https://supremecourt.nsw.gov.au/documents/Practice-and-Procedure/Practice-Notes/general/current/PN_SC_Gen_23.pdf)
- [District Court of NSW, practice note adopting SC Gen 23](https://districtcourt.nsw.gov.au/documents/practice-notes/district-court-pn---general/Gen_AI_Practice_Note.pdf)
- [Local Court of NSW, practice note on generative AI](https://localcourt.nsw.gov.au/documents/practice-notes/other/Practice_Note_Generative_Artificial_Intelligence_Commences_12.01.26.pdf)
- [Personal Injury Commission, Procedural Direction PIC13](https://www.pi.nsw.gov.au/resources/procedural-directions/procedural-direction-pic13-use-of-generative-artificial-intelligence)
- [Law Society of NSW, court protocols on AI, current as at 14 May 2026](https://www.lawsociety.com.au/AI-hub/court-protocols-ai)
- [Supreme Court of Queensland, Practice Direction 5 of 2025](https://www.courts.qld.gov.au/__data/assets/pdf_file/0011/889148/sc-pd-5-pf-2025.pdf)
- [District Court of Queensland, Practice Direction 12 of 2025](https://www.courts.qld.gov.au/__data/assets/pdf_file/0011/882461/dcpd-12-of-2025.pdf)
- [Queensland Courts, using generative AI](https://www.courts.qld.gov.au/going-to-court/prepare-for-court/representing-yourself/using-generative-ai)

## 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/personal-injury-and-compensation/firm-health-information-ai-policy 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.*
