---
title: "Check section 42 and any section 43A special power before advising"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-a-public-authority-s-resources-protection-for-a-park-reserve-or-bu/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-PL20261023-3-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 42 and any section 43A special power before advising

> List the function the lawyer identifies, the resource material in the brief, and the section the other side has named. Do not write the advice on whether the protection applies.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-a-public-authority-s-resources-protection-for-a-park-reserve-or-bu/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 function the lawyer identifies, the resource material in the brief, and the section the other side has named. Do not write the advice on whether the protection applies. |
| What the lawyer must review | The lawyer writes the advice. The tool only lists the function and the section named. Keep section 42 and section 43A apart. They are different tests. 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 public authority's resources protection for a park, reserve or building](https://ailawframework.com/practice/personal-injury-and-compensation/check-a-public-authority-s-resources-protection-for-a-park-reserve-or-bu.md) |

## Checking plan

**Verify against sources**

Section 42 states four resource principles. Section 43A is a special-statutory-power test.

- What the AI does: List the function the lawyer identifies, the resource material in the brief, and the section the other side has named. Do not write the advice on whether the protection applies.
- 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. If section 42 is named, list the four principles, including that the general allocation of resources is not open to challenge.
2. If section 43A is named, record whether the power is conferred by statute and is of a kind persons generally are not authorised to exercise without specific statutory authority.
3. Record the section 43A(3) test as opened: so unreasonable that no authority with that power could properly consider the act or omission a reasonable exercise or failure.
4. Do not answer a road or footpath non-feasance question here.

## Notes

- Section 43A(4) says that, for a special statutory power to prohibit or regulate an activity, the section applies in addition to section 44. Section 44 was not opened.
- 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 against a public or other authority where section 42 or section 43A is named.

**Deliverable**: A list of the function, the resource material and the section named. The lawyer writes the advice.

**Inputs**

- The function the lawyer identifies
- Resource material in the brief
- The section the other side has named

**Example**: Illustrative example: The defence names section 43A. The list records the power the letter describes and the section 43A(3) words. It does not decide whether the act was unreasonable.

**Stop and escalate when**

- The question is road or footpath non-feasance.
- The tool is asked to write the advice.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2002 (NSW) section 42](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s42.html) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW) section 43A](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s43a.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.*