Check a dangerous recreational activity defence
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- List the activity, the risk the other side names, and whether the client knew of it, each tied to a document. Do not decide whether the defence succeeds.
- What the lawyer must review
- The lawyer decides whether a dangerous-recreational-activity defence is engaged, and writes the advice.
- Do not treat a risk warning or a signed form as that defence. Those are separate questions.
- 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).
Open a jurisdiction version of this task to see which instruments apply: NSWVICQLD
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. List the activity, the risk the other side names, and whether the client knew of it, each tied to a document. Do not decide whether the defence succeeds. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- In Victoria apply sections 54 and 55. Do not call either a dangerous-recreational-activity defence.
- Compare the activity with the definition that was opened, including the New South Wales place limb.
- Record whether the client knew of the risk, and that both opened defences apply whether or not the person knew.
- Keep a risk warning and any signed form for the separate tasks.
Sources
- Wrongs Act 1958 (Vic) authorised version 130 · 2026-10-23
- Wrongs Act 1958 (Vic) version 130, in force · 2026-10-23
- Wrongs Act 1958 (Vic) section 53, AustLII · 2026-10-23
- Civil Liability Act 2003 (Qld) section 18, AustLII · 2026-10-23
- Civil Liability Act 2003 (Qld) section 19, AustLII · 2026-10-23
- Civil Liability Act 2002 (NSW) section 5K, AustLII · 2026-10-23
- Civil Liability Act 2002 (NSW) section 5L, AustLII · 2026-10-23
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.
If the same facts later go into an affidavit or witness statement in the District Court of New South Wales, its Generative AI Practice Note (commenced 3 February 2025) says generative AI must not generate that content.
Supreme Court of Victoria practice note SC GEN 25 (commenced 14 May 2026) calls for particular caution where generative AI assists with affidavit material, a witness statement or an expert report. The document must reflect the person's own knowledge.
Supreme Court of Queensland Practice Direction 5 of 2025 requires the practitioner responsible for written submissions to be named, and to verify the references.