---
title: "Check section 19 against a dangerous recreational activity"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-a-dangerous-recreational-activity-defence/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-PL20261023-4-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Check section 19 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/queensland  
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 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). |
| Written for | Queensland |
| 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 18 defines a dangerous recreational activity. Section 19 removes negligence liability for an obvious risk of that activity, whether or not the person 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 was engaged in for enjoyment, relaxation or leisure and involved a significant degree of risk of physical harm, as section 18 defines it.
2. Record the harm and whether it is said to be the materialisation of an obvious risk of that activity.
3. Section 19(2) applies whether or not the person suffering harm was aware of the risk.
4. Do not treat a sign or a signed form as this defence. The sections opened have no risk-warning rule and no waiver rule.

## Notes

- 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.

## Practical guide

Jurisdiction: Queensland. A claim in which section 19 is raised.

**Deliverable**: A comparison of the activity and the risk with sections 18 and 19. The lawyer writes the conclusion.

**Inputs**

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

**Example**: 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 escalate when**

- The obvious-risk definition in division 3 is needed and has not been read.
- The tool is asked to decide the defence.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2003 (Qld) section 18](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s18.html) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld) section 19](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s19.html) (checked 2026-10-23)
- [Queensland Courts: Using generative AI](https://www.courts.qld.gov.au/going-to-court/prepare-for-court/representing-yourself/using-generative-ai) (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.*