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).
Written for / version
NSWVICQLD

Open a jurisdiction version of this task to see which instruments apply: NSWVICQLD

Who does what

Who does what
RoleWhat they do
AssistanceSupporting 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.
LawyerPerform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use.

Checklist

  1. In Victoria apply sections 54 and 55. Do not call either a dangerous-recreational-activity defence.
  2. Compare the activity with the definition that was opened, including the New South Wales place limb.
  3. Record whether the client knew of the risk, and that both opened defences apply whether or not the person knew.
  4. Keep a risk warning and any signed form for the separate tasks.

Sources

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.

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