Check section 19 against a dangerous recreational activity
MaintainedLast reviewed
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 section 19 is engaged, and writes the advice.
- Read section 17 before treating section 19 as engaged. Its text was not opened.
- 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. Queensland. A claim in which section 19 is raised.
Produce. A comparison of the activity and the risk with sections 18 and 19. The lawyer writes the conclusion.
Have ready. Documents describing the activity; The risk the other side names; Any document on awareness of the risk.
Example of the limit. Illustrative example: A waiver is in the brief and the defence also cites section 19. The list records the activity against section 18. It does not treat the waiver as the section 19 defence.
Stop and hand it back when
- The obvious-risk definition in division 3 is needed and has not been read.
- The tool is asked to decide the defence.
Sources for this task were checked on 2026-10-23.
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
- Record whether the activity was engaged in for enjoyment, relaxation or leisure and involved a significant degree of risk of physical harm, as section 18 defines it.
- Record the harm and whether it is said to be the materialisation of an obvious risk of that activity.
- Section 19(2) applies whether or not the person suffering harm was aware of the risk.
- Do not treat a sign or a signed form as this defence. The sections opened have no risk-warning rule and no waiver rule.
Sources
- Civil Liability Act 2003 (Qld) section 18 · 2026-10-23
- Civil Liability Act 2003 (Qld) section 19 · 2026-10-23
- Queensland Courts: Using generative AI · 2026-10-23
Section 18 says obvious risk has the same meaning as in division 3. That division was not opened. Section 17, headed as the application of the division, was not opened.
The Queensland Courts generative AI page says the user is responsible for accuracy of what is given to a court or tribunal, and that confidential information must not go into a public chatbot. Practice Direction 5 of 2025 is listed. Its text was not opened.