Other · Personal Injury & Compensation

Medical records index

An index of health records by provider, date, source and page, marking subpoenaed or suppressed material that must not go into a generative tool unless the court's conditions are met.

Kind
Other. A precedent that fits none of the other kinds.
Where it applies
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 3 authorities it cites, for Victoria, Queensland and New South Wales.
Version
1
Source
Written for this library

When to use it

Use when a plaintiff firm receives a bundle of clinical records, by authority or on subpoena, and needs an index before anyone prepares a chronology, a brief to an expert or a court book. The index is a working document.

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 may list each document by provider, date range, page numbers and source from a bundle already held in an approved tool, and a person checks the list against the bundle.

AI may

  • Create one row per document or discrete bundle, with the provider, the date range and the page numbers printed on the bundle
  • Mark the source the covering letter or the subpoena schedule states, and leave the source blank if it is not stated
  • List providers named in the client's instructions who do not appear in the bundle

AI must not

  • Must not summarise the clinical content in the index. That is the chronology
  • Must not mark a subpoenaed or suppressed bundle as cleared for a generative tool. That mark is the responsible lawyer's, under Practice Note SC Gen 23 para 9A where that note applies
  • Must not put the records into a public tool
  • Must not treat the index as evidence of what the records say

The lawyer checks

  • The source column matches the way the document was obtained: client authority, provider, subpoena, direction for production, or other
  • No compelled or suppressed bundle is sent to a generative tool until para 9A, or the equivalent rule of the forum, is satisfied and the satisfaction is noted
  • Page numbers on the index match the numbers on the bundle that experts and counsel will use
  • The index stays in a firm-controlled tool. Check ASCR r 9, APP 11, and whether a breach is notifiable under the Privacy Act 1988 (Cth)

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

Authorities

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