---
title: "Compare the consent form with the notes, against section 60 rather than section 59"
url: "https://ailawframework.com/practice/health-and-medical-law/compare-a-consent-form-with-the-risks-the-notes-record-as-discussed/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A32-MN20261023-2-VIC"
practice_area: "Health & Medical Law"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Compare the consent form with the notes, against section 60 rather than section 59

> 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/victoria  
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 60 uses "a warning or other information". Do not add the word advice. 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 | Victoria |
| 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**

A gap between the form and the notes is put against section 60. Section 59 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 in 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 60: section 59 does not apply to liability in connection with giving, or failing to give, a warning or other information in respect of a risk or other matter associated with the professional service.
4. Do not use the table to answer section 59.

## Notes

- The table does not decide that a risk was material or that a warning was adequate.
- If this is filed in the Supreme Court of Victoria, Practice Note SC Gen 25, issued on 14 May 2026, calls for particular caution with affidavit material and expert reports, and says confidential information should not go into a public AI tool.

## Practical guide

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

**Deliverable**: A risk table for the section 60 question.

**Inputs**

- The consent form
- The consultation notes the lawyer selects

**Example**: Illustrative example: The form names one risk and the notes record a discussion of a second risk. The table has two rows. It does not decide section 59.

**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

- [Wrongs Act 1958 (Vic) section 60](https://www.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s60.html) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic) section 59](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s59.html) (checked 2026-10-23)
- [Supreme Court of Victoria Practice Note SC Gen 25](https://www.supremecourt.vic.gov.au/areas/legal-resources/practice-notes/sc-gen-25-the-use-of-artificial-intelligence-by-court-users) (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.*