---
title: "Set the New South Wales peer-opinion words against the recorded dental division"
url: "https://ailawframework.com/practice/health-and-medical-law/record-the-dental-practitioner-s-division-before-a-peer-is-chosen/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A32-MN20261023-16-NSW"
practice_area: "Health & Medical Law"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Set the New South Wales peer-opinion words against the recorded dental division

> Set out the section 5O words against the division in the registration extract, including the irrational test and the section 5P warning carve-out.…

Canonical page: https://ailawframework.com/practice/health-and-medical-law/record-the-dental-practitioner-s-division-before-a-peer-is-chosen/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 | Set out the section 5O words against the division in the registration extract, including the irrational test and the section 5P warning carve-out. Do not add a significant number of respected practitioners, and do not decide breach. |
| What the lawyer must review | Decide whether the field is the recorded division. Keep a warning allegation under section 5P, outside section 5O. Check that a significant number of respected practitioners is not added to section 5O. Keep health information in a firm-controlled tool, not a public one. |
| Written for | New South Wales |
| Applies to | [Record the dental practitioner's division before a peer is chosen](https://ailawframework.com/practice/health-and-medical-law/record-the-dental-practitioner-s-division-before-a-peer-is-chosen.md) |

## Checking plan

**Verify against sources**

The division is recorded. Section 5O is set out beside it without words the subsection does not use.

- What the AI does: Set out the section 5O words against the division in the registration extract, including the irrational test and the section 5P warning carve-out. Do not add a significant number of respected practitioners, and do not decide breach.
- 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. Record the division the register shows, using the five divisions named in the guideline.
2. Set out section 5O: widely accepted in Australia by peer professional opinion as competent professional practice. Do not add a significant number of respected practitioners.
3. Record that peer professional opinion cannot be relied on if the court considers the opinion irrational.
4. Keep a warning, advice or other information allegation under section 5P.
5. The lawyer decides the field. The division record is not that decision.

## Notes

- Continuing professional development does not change the division.
- Section 5O does not use the words a significant number of respected practitioners. Those words are not added.
- Health information stays in a firm-controlled tool. Rule 9.1 of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015, as described by the Victorian Legal Services Board and Commissioner, and APP 11, apply. The lawyer decides whether any loss is notifiable under the Privacy Act 1988 (Cth).

## Practical guide

Jurisdiction: New South Wales. A dental treatment allegation. The peer words are section 5O. A warning stays under section 5P.

**Deliverable**: The recorded division, with the section 5O words set out beside it.

**Inputs**

- Registration extract showing the division
- The allegation, marked as treatment or as a warning
- The section 5O and section 5P text

**Example**: Illustrative example: The register records an oral health therapist. The draft peer question uses a significant number of respected practitioners. The lawyer removes those words. The tool does not decide breach.

**Stop and escalate when**

- The section 5O wording has been replaced with another state's test.
- A warning row is placed under section 5O.

Checked 2026-10-23.

## Sources

- [Dental Board of Australia: Guidelines for scope of practice](https://www.dentalboard.gov.au/Codes-Guidelines/Policies-Codes-Guidelines/Guidelines-Scope-of-practice.aspx) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW) s 5O](https://www.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s5o.html) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW) s 5P](https://www.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s5p.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.*