---
title: "Compare the consent form with the notes, against section 22(5)"
url: "https://ailawframework.com/practice/health-and-medical-law/compare-a-consent-form-with-the-risks-the-notes-record-as-discussed/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A32-MN20261023-2-QLD"
practice_area: "Health & Medical Law"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Compare the consent form with the notes, against section 22(5)

> 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/queensland  
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. Do not treat section 9A(10) as removing the comparison. The report need not address the failure. 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 | Queensland |
| 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**

Section 22(5) takes a warning, advice or other information outside section 22. Section 9A(10) says the part 1 specialist report need not comment on a failure to warn.

- 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. State section 22(5): section 22 does not apply to liability in connection with giving, or failing to give, a warning, advice or other information in relation to the risk of harm associated with the service.
3. If the claim includes a failure to warn, section 9A(10) says the specialist report for part 1 need not comment on that failure. The comparison is still made.
4. Do not use the table to answer section 22(1).

## Notes

- The table does not decide that a risk was material or that the warning was adequate.
- The Queensland Courts generative AI page says the user is responsible for accuracy of what is given to a court or tribunal, and that private, confidential, suppressed or legally privileged information must not go into a generative AI chatbot. Practice Direction 5 of 2025 is listed. Its text was not opened.

## Practical guide

Jurisdiction: Queensland. A consent form compared with the consultation notes.

**Deliverable**: A risk table for the section 22(5) question.

**Inputs**

- The consent form
- The consultation notes the lawyer selects

**Example**: Illustrative example: The notes record a discussion the form does not name. The table adds that row and records that section 9A(10) does not remove the row.

**Stop and escalate when**

- The tool is asked to decide that the warning was adequate.
- The comparison is left entirely to the specialist report.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2003 (Qld) section 22](https://www.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s22.html) (checked 2026-10-23)
- [Personal Injuries Proceedings Act 2002 (Qld) section 9A](https://classic.austlii.edu.au/au/legis/qld/consol_act/pipa2002314/s9a.html) (checked 2026-10-23)
- [Queensland Courts: Using generative AI](https://www.courts.qld.gov.au/going-to-court/prepare-for-court/representing-yourself/using-generative-ai) (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.*