Compare the consent form with the notes, against section 5P rather than section 5O
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the consent form and the notes the lawyer has selected, make a table with one row per risk named in either, recording whether the form names it, whether the notes record a discussion, and the page. Do not decide that a risk was material.
- What the lawyer must review
- The lawyer decides whether a warning case is open. The table does not decide breach.
- Section 5P includes warning, advice or other information. Keep it off section 5O.
- Keep health and wage records in a firm-controlled tool, not a public one.
- ASCR r 9 and APP 11 apply. Decide if a breach is notifiable under the Privacy Act 1988 (Cth).
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. New South Wales. A consent form compared with the consultation notes.
Produce. A risk table for the section 5P question.
Have ready. The consent form; The consultation notes the lawyer selects.
Example of the limit. Illustrative example: The form is silent and the notes say a risk was discussed. The table records that one row against section 5P. It does not answer section 5O.
Stop and hand it back when
- The tool is asked to decide that the warning was adequate.
- A risk is added that neither document names.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the consent form and the notes the lawyer has selected, make a table with one row per risk named in either, recording whether the form names it, whether the notes record a discussion, and the page. Do not decide that a risk was material. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- The table has one row for each risk named in the form or the notes, and the row shows the page.
- Add a row where the notes record a discussion the form does not name.
- State section 5P: the Division does not apply to liability in connection with giving, or failing to give, a warning, advice or other information in respect of the risk of death or injury associated with the service.
- Do not use the table to answer section 5O.
Sources
- Civil Liability Act 2002 (NSW) section 5P · 2026-10-23
- Civil Liability Act 2002 (NSW) section 5O · 2026-10-23
- Supreme Court of NSW Practice Note SC Gen 23 · 2026-10-23
The table does not decide that a risk was material or that the warning was adequate.
If this is filed in the Supreme Court of New South Wales, Practice Note SC Gen 23, issued on 28 January 2025 and commenced on 3 February 2025, bars generative AI from the content of an affidavit or witness statement, and from an expert report without prior leave, subject to paragraph 23.