---
title: "Check section 5L against a dangerous recreational activity"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-a-dangerous-recreational-activity-defence/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-PL20261023-4-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Check section 5L against a dangerous recreational activity

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-a-dangerous-recreational-activity-defence/new-south-wales  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| 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 section 5L is engaged, and writes the advice. The obvious-risk definition is in Division 4. It was not opened. Do not invent it. 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 | New South Wales |
| Applies to | [Check a dangerous recreational activity defence](https://ailawframework.com/practice/personal-injury-and-compensation/check-a-dangerous-recreational-activity-defence.md) |

## Checking plan

**Verify against sources**

Section 5K defines the activity, including a place limb. Section 5L applies whether or not the plaintiff was aware of the risk.

- What the AI does: 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 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 whether the activity is a recreational activity that involves a significant risk of physical harm.
2. Use the section 5K list: any sport, any pursuit for enjoyment, relaxation or leisure, and any pursuit at a place such as a beach, park or other public open space where people ordinarily engage in sport or leisure.
3. Record whether the harm is said to result from the materialisation of an obvious risk of that activity.
4. Note section 5L(2): the section applies whether or not the plaintiff was aware of the risk.

## Notes

- Section 5K says obvious risk has the same meaning as in Division 4. That definition was not opened. Do not substitute another Act's definition.
- 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.

## Practical guide

Jurisdiction: New South Wales. A claim in which section 5L is raised.

**Deliverable**: A comparison of the activity and the risk with sections 5K and 5L. The lawyer writes the conclusion.

**Inputs**

- Documents describing the activity and the place
- The risk the other side names
- Any document on awareness of the risk

**Example**: Illustrative example: The activity was at a park and the defence calls the risk significant. The list records the place and the risk from the documents. It does not decide section 5L.

**Stop and escalate when**

- The Division 4 definition of obvious risk is required and has not been read.
- The tool is asked to decide the defence.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2002 (NSW) section 5K](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s5k.html) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW) section 5L](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s5l.html) (checked 2026-10-23)
- [Supreme Court of NSW Practice Note SC Gen 23](https://supremecourt.nsw.gov.au/practice-procedure/generative-artificial-intelligence.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.*