Build the fall chronology against the section 5B precautions test
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the incident report, photographs and inspection or cleaning records the lawyer marks, list each hazard, inspection and earlier complaint with the date and the document. Do not write a medical chronology or the client's account.
- What the lawyer must review
- Use a date only when the named document shows it.
- Section 5B has no definition of an insignificant risk. Do not borrow one.
- 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 premises-fall chronology for section 5B.
Produce. A dated hazard and inspection chronology against section 5B.
Have ready. Incident report and photographs; Inspection or cleaning records the lawyer marks.
Example of the limit. Illustrative example: Two cleaning entries have dates and one photograph has none. The chronology uses the two dated entries and does not date the photograph.
Stop and hand it back when
- The question is non-feasance on a road or footpath.
- A cited date is not on the document.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the incident report, photographs and inspection or cleaning records the lawyer marks, list each hazard, inspection and earlier complaint with the date and the document. Do not write a medical chronology or the client's account. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Tie each hazard, inspection and earlier complaint to a document and a date.
- Record the section 5B(1) questions: knew or ought to have known, not insignificant, and precautions a reasonable person in that position would have taken.
- Use section 5B(2): probability, likely seriousness, burden and social utility.
- Do not answer a road or footpath non-feasance question with this chronology.
Sources
- Civil Liability Act 2002 (NSW) section 5B · 2026-10-23
- Supreme Court of NSW Practice Note SC Gen 23 · 2026-10-23
Section 5B does not contain a definition of insignificant risks. A non-feasance question about a road or footpath is a different task.
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.