Letter · Personal Injury & Compensation

Request to preserve employment, product and insurance records in a dust claim

A request that an employer, occupier, supplier or manufacturer keep employment, site, product and workers compensation insurance records while a dust claim is investigated.

Kind
Letter. A letter or email you adapt and send.
Where it applies
New South Wales, Victoria, Queensland
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 2 authorities it cites, for New South Wales, Victoria and Queensland.
Version
1
Source
Written for this library

When to use it

Use when those records may be destroyed in the ordinary course before a proceeding or a subpoena. The recipient is asked to keep them. The letter is not a subpoena, a court order, or a statutory hold.

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

AI may prepare the preservation request from the sites and years the lawyer has accepted, and the lawyer checks the recipient before it is sent.

AI may

  • Name the employer or supplier, the sites and the years from the accepted instructions
  • List employment, product and insurance records in categories the lawyer has approved
  • Ask for confirmation that the records will be kept

AI must not

  • Must not call this letter a subpoena, a court order, or a notice under an Act
  • Must not say that destroying the records is a criminal offence
  • Must not direct the recipient to process or sample engineered stone
  • Must not invent a record the client hopes exists

The lawyer checks

  • The recipient is someone who may hold the records. A deregistered company is not written to at a stale address
  • No preservation statute was opened. The letter stays a request
  • If proceedings are on foot, the lawyer decides whether a subpoena is also required. The subpoena is a separate form
  • The letter does not attach medical reports or the client's full history

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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