Check a recreational-services term against section 139A
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Set the exclusion term beside section 139A, 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 the term stays inside section 139A, and whether reckless conduct is in issue.
- The opened text stops at subsection (5). Read any later subsection before relying on the section.
- 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 contract for recreational services and a term limiting liability for death or injury.
Produce. A comparison of the exclusion with section 139A, for the lawyer to settle.
Have ready. The exclusion term; The services the contract describes; Any allegation of reckless conduct.
Example of the limit. Illustrative example: A term excludes all liability, not only death or injury. The comparison marks the words that go beyond section 139A(3). It does not say the term is effective.
Stop and hand it back when
- A later subsection of section 139A is needed and has not been read.
- The term is being treated as section 19.
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 that a term is not void under section 64 of the Australian Consumer Law only because it excludes the Subdivision B guarantees, and only on the conditions section 139A states.
- Check the term is limited to death, a physical or mental injury including aggravation, acceleration or recurrence, a disease effect the subsection lists, or a harmful condition the subsection lists.
- Note section 139A(4) and (5): the section does not apply to significant personal injury caused by reckless conduct, defined as awareness or constructive awareness of a significant risk and engaging despite the risk without adequate justification.
- Use the section 139A(2) definition of recreational services. Do not use section 19 as if it were this term.
Sources
- Competition and Consumer Act 2010 (Cth) section 139A · 2026-10-23
- Civil Liability Act 2003 (Qld) section 19 · 2026-10-23
- Queensland Courts: Using generative AI · 2026-10-23
A Queensland fair-trading provision was not opened. The lawyer checks it, and any subsection after section 139A(5), before treating section 139A as the whole rule.
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.