---
title: "Compare the consent form with the notes, against section 5P rather than section 5O"
url: "https://ailawframework.com/practice/health-and-medical-law/compare-a-consent-form-with-the-risks-the-notes-record-as-discussed/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A32-MN20261023-2-NSW"
practice_area: "Health & Medical Law"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Compare the consent form with the notes, against section 5P rather than section 5O

> 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.…

Canonical page: https://ailawframework.com/practice/health-and-medical-law/compare-a-consent-form-with-the-risks-the-notes-record-as-discussed/new-south-wales  
Last reviewed: 2026-10-25

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

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Health & Medical Law](https://ailawframework.com/practice/health-and-medical-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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). |
| Written for | New South Wales |
| Applies to | [Compare a consent form with the risks the notes record as discussed](https://ailawframework.com/practice/health-and-medical-law/compare-a-consent-form-with-the-risks-the-notes-record-as-discussed.md) |

## Checking plan

**Verify against sources**

The comparison is used for section 5P. The professional-negligence Division does not apply to that warning question.

- What the AI does: 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 does: Make the legal assessment, check the source material and authorise the output for its intended use.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. The table has one row for each risk named in the form or the notes, and the row shows the page.
2. Add a row where the notes record a discussion the form does not name.
3. 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.
4. Do not use the table to answer section 5O.

## Notes

- 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.

## Practical guide

Jurisdiction: New South Wales. A consent form compared with the consultation notes.

**Deliverable**: A risk table for the section 5P question.

**Inputs**

- The consent form
- The consultation notes the lawyer selects

**Example**: 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 escalate when**

- The tool is asked to decide that the warning was adequate.
- A risk is added that neither document names.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2002 (NSW) section 5P](https://www.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s5p.html) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW) section 5O](https://www.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s5o.html) (checked 2026-10-23)
- [Supreme Court of NSW Practice Note SC Gen 23](https://supremecourt.nsw.gov.au/practice-procedure/generative-artificial-intelligence.html) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*