---
title: "Check a recreational-services term against section 139A"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-a-recreational-services-exclusion-against-the-consumer-guarantee-l/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-PL20261023-6-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Check a recreational-services term against section 139A

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-a-recreational-services-exclusion-against-the-consumer-guarantee-l/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 | Yellow: Lawyer and AI draft together |
| 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). |
| Written for | Queensland |
| Applies to | [Check a recreational-services exclusion against the consumer guarantee limits](https://ailawframework.com/practice/personal-injury-and-compensation/check-a-recreational-services-exclusion-against-the-consumer-guarantee-l.md) |

## Checking plan

**Verify against sources**

Sections 18 and 19 contain no contractual waiver. Section 139A is the Commonwealth limit that was opened.

- What the AI does: 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 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 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.
2. 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.
3. 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.
4. Use the section 139A(2) definition of recreational services. Do not use section 19 as if it were this term.

## Notes

- 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.

## Practical guide

Jurisdiction: Queensland. A contract for recreational services and a term limiting liability for death or injury.

**Deliverable**: A comparison of the exclusion with section 139A, for the lawyer to settle.

**Inputs**

- The exclusion term
- The services the contract describes
- Any allegation of reckless conduct

**Example**: 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 escalate when**

- A later subsection of section 139A is needed and has not been read.
- The term is being treated as section 19.

Checked 2026-10-23.

## Sources

- [Competition and Consumer Act 2010 (Cth) section 139A](https://www5.austlii.edu.au/au/legis/cth/consol_act/caca2010265/s139a.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.*