Check a recreation-services term against section 5N
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Set the exclusion term beside section 5N, and mark any words that go beyond a warranty of reasonable care and skill. Do not decide that the term is effective.
- What the lawyer must review
- The lawyer decides whether section 5N reaches the term, and reads section 139A as well.
- Section 5N(6) does not apply if it is established, on the balance of probabilities, that harm resulted from a breach.
- That breach must be of a written State or Commonwealth law setting specific personal-safety procedures.
- 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. New South Wales. A contract for recreation services and a term about reasonable care and skill.
Produce. A comparison of the term with section 5N and with section 139A, for the lawyer to settle.
Have ready. The contract term; The services described; Any suggested contravention of a written personal-safety law.
Example of the limit. Illustrative example: A form says the participant takes part at his or her own risk. The comparison records section 5N(3) and leaves section 139A for the lawyer. It does not say the form is effective.
Stop and hand it back when
- Section 139A after subsection (5) is needed and has not been read.
- The tool is asked to decide the term is effective.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Record whether the contract is for recreation services, meaning services supplied for, in connection with, or incidental to a recreational activity.
- Record whether the term excludes liability from breach of an express or implied warranty that the services will be rendered with reasonable care and skill.
- A term that the person engages in the activity at his or her own risk operates to exclude that liability.
- Check section 5N(6), and read section 139A before treating the form as effective. The opened text of section 139A stops at subsection (5).
Sources
- Civil Liability Act 2002 (NSW) section 5N · 2026-10-23
- Competition and Consumer Act 2010 (Cth) section 139A · 2026-10-23
- Supreme Court of NSW Practice Note SC Gen 23 · 2026-10-23
Section 5N(2) speaks to the written law of New South Wales. Section 139A is a Commonwealth provision. The lawyer reads both. Do not stop at section 139A(5) if a later subsection applies.
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.