Check a recreational exclusion against the prescribed consumer wording
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Set the exclusion beside the wording on the Consumer Affairs Victoria page, and mark any words that differ. Do not decide that the notice is effective.
- What the lawyer must review
- The lawyer checks the current regulation before treating either wording as effective.
- Notify the consumer before the consumer agrees to buy. Gross negligence is outside the change.
- 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. Victoria. A recreational business term limiting liability for death or personal injury.
Produce. A comparison of the notice with the wording on the Consumer Affairs Victoria page.
Have ready. The signed form or sign; The date the business first used a limitation, if known.
Example of the limit. Illustrative example: A sign uses words close to the prescribed warning but omits gross negligence. The comparison marks that omission. It does not say the sign is effective.
Stop and hand it back when
- The current regulation has not been checked.
- The tool is asked to decide the notice 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 consumer was notified before agreeing to buy.
- For a signed form, compare the words with the warning that cites section 22 of the Australian Consumer Law and Fair Trading Act 2012.
- The form note defines gross negligence as reckless disregard, with or without consciousness, and cites the 2012 regulations. The sign note cites the 2022 regulations.
- Existing notices that used the earlier wording remain valid. The lawyer checks which regulation is current.
Sources
- Consumer Affairs Victoria: recreational services wording · 2026-10-23
- Supreme Court of Victoria Practice Note SC Gen 25 · 2026-10-23
The page encourages a switch to the new wording. It does not say an old notice is ineffective. This is not a Civil Liability Act waiver from another jurisdiction.
If this is filed in the Supreme Court of Victoria, Practice Note SC Gen 25, issued on 14 May 2026, calls for particular caution with affidavit material and expert reports, and says confidential information should not go into a public AI tool.