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

# Check a recreational exclusion against the prescribed consumer wording

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-a-recreational-services-exclusion-against-the-consumer-guarantee-l/victoria  
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 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). |
| Written for | Victoria |
| 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**

From 27 June 2022 a business limiting liability for the first time must use the exact wording. Earlier wording remains valid. The form note and the sign note cite different regulation years.

- What the AI does: 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 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 whether the consumer was notified before agreeing to buy.
2. For a signed form, compare the words with the warning that cites section 22 of the Australian Consumer Law and Fair Trading Act 2012.
3. 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.
4. Existing notices that used the earlier wording remain valid. The lawyer checks which regulation is current.

## Notes

- 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.

## Practical guide

Jurisdiction: Victoria. A recreational business term limiting liability for death or personal injury.

**Deliverable**: A comparison of the notice with the wording on the Consumer Affairs Victoria page.

**Inputs**

- The signed form or sign
- The date the business first used a limitation, if known

**Example**: 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 escalate when**

- The current regulation has not been checked.
- The tool is asked to decide the notice is effective.

Checked 2026-10-23.

## Sources

- [Consumer Affairs Victoria: recreational services 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)
- [Supreme Court of Victoria Practice Note SC Gen 25](https://www.supremecourt.vic.gov.au/areas/legal-resources/practice-notes/sc-gen-25-the-use-of-artificial-intelligence-by-court-users) (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.*