---
title: "Check a recreational-services exclusion against the consumer guarantee limits"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-a-recreational-services-exclusion-against-the-consumer-guarantee-l"
type: "task"
site: "AI Law Framework"
id: "A21-PL20261023-6"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Check a recreational-services exclusion against the consumer guarantee limits

> Set the exclusion term beside the limit in the section the lawyer names, and mark any words that go beyond death or personal injury. Do not decide that the term is effective.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-a-recreational-services-exclusion-against-the-consumer-guarantee-l  
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 | Yellow: Lawyer and AI draft together |
| How AI is used | Set the exclusion term beside the limit in the section the lawyer names, and mark any words that go beyond death or personal injury. Do not decide that the term is effective. |
| What the lawyer must review | The lawyer decides whether an exclusion is confined to death or injury, and whether reckless conduct is in issue. Check the wording against the instrument now in force before treating a notice as effective. 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 / versions | 3 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: Set the exclusion term beside the limit in the section the lawyer names, and mark any words that go beyond death or personal injury. Do not decide that the term is effective.
- What the lawyer does: The lawyer decides whether an exclusion is confined to death or injury, and whether reckless conduct is in issue. Check the wording against the instrument now in force before treating a notice as effective. 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).
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Quote the exclusion. Mark any words that are wider than death or personal injury.
2. In Victoria compare the notice with the wording on the Consumer Affairs Victoria page, and note which regulation that page cites.
3. Do not treat section 139A as applying of its own force past the subsection that was opened.
4. In New South Wales read section 5N and section 139A as separate sections.

## Notes

- 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.

## Sources

- [Consumer Affairs Victoria, recreational businesses wording](https://www.consumer.vic.gov.au/consumers-and-businesses/products-and-services/business-practices/contracts/recreational-businesses-wording-to-limit-liability-for-death-or-personal-injury) (checked 2026-10-23)
- [Competition and Consumer Act 2010 (Cth) section 139A, AustLII](https://www5.austlii.edu.au/au/legis/cth/consol_act/caca2010265/s139a.html) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW) section 5N, AustLII](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s5n.html) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/check-a-recreational-services-exclusion-against-the-consumer-guarantee-l/new-south-wales.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/check-a-recreational-services-exclusion-against-the-consumer-guarantee-l/queensland.md) | Yellow |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/check-a-recreational-services-exclusion-against-the-consumer-guarantee-l/victoria.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*